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Recent Blog Posts
When Can Landlord/Tenant Disputes Lead to Litigation?
The laws that affect landlords and tenants can often be complex and confusing. There are many different rules and regulations that apply to both landlords and tenants, and it can be difficult to keep track of everything. Unfortunately, when disputes arise between landlords and tenants, they can sometimes end up in court. For landlords, it is important to be aware of the various ways in which a tenant dispute can lead to litigation. While some disputes can be resolved informally or through mediation, others may require more formal legal action, and real estate litigation may be required.
Common Disputes Between Landlords and Tenants
Depending on the nature of a dispute, a landlord may believe that a tenant has taken some actions that would cause them to experience financial harm, or a tenant may claim that a landlord has violated their rights in some way. Litigation may be necessary to address issues such as:
Who Can Be Subject to Non-Compete Agreements?
Business contracts will include multiple different types of clauses and agreements that are meant to protect the interests of the parties. Non-compete agreements can be crucial for many businesses, and they can protect a company's trade secrets, confidential information, and relationships with customers and clients. While these agreements are typically used in employment contracts, they may be included in other types of agreements, and multiple parties may be subject to restrictions on their business activities or the types of work they can perform in a certain geographical area and for a certain period of time. By understanding when non-compete agreements may be used, businesses, employees, and other parties can make sure their rights will be protected, and they can address issues related to the enforcement of restrictive covenants.
What Will an Attorney Look for During a Contract Review?
When running a business, there are a lot of moving parts. Business owners might be focused on day-to-day operations, meeting with clients, managing employees, and other responsibilities. However, they will also need to stay on top of the legal side of things. One of the best ways to ensure that a business is legally protected is to have an attorney review contracts before they are signed. This can help business owners be sure that everything is in order and that they understand their rights and obligations. But what exactly will an attorney look for during a contract review?
What Are the Options When a Partner Chooses to Leave a Business?
There are numerous reasons why partners who have built a business together may choose to end their partnership and go their separate ways. If partners have encountered disagreements about the direction of their company or the way it should be managed, they may no longer be able to work together, and a "business divorce" may be necessary. However, the end of a partnership does not always occur because of conflict. In some situations, a person may decide to strike out on their own and pursue different opportunities, or they may wish to retire and leave the business in the hands of someone who will be more involved in operating it.
Will New Federal Laws Affect Antitrust Litigation?
When business owners face issues that threaten their ability to compete in the marketplace, they may be able to pursue business litigation against other companies that have engaged in unfair or deceptive business practices. Antitrust litigation may be appropriate in situations where a company has engaged in illegal actions such as price-fixing, bid-rigging, exclusive purchase agreements, or predatory pricing. Since the federal laws that apply to these issues have not been updated in several decades, it can be difficult to address anti-competitive behavior in the modern marketplace. However, the U.S. Congress is currently considering a number of new laws that may update antitrust regulations in the era of big tech.
How Can an Employee Handbook Legally Protect a Business Owner?
When running a business, it is important to have procedures and policies in place to protect yourself from legal trouble. One way to do this is to create an employee handbook. A well-written employee handbook can set clear expectations for your employees, helping you avoid misunderstandings and potential legal issues down the road. However, not all employee handbooks are created equal. In order to be effective, an employee handbook must be well-written and tailored to the specific needs of your business.
What Is an Employee Handbook?
An employee handbook is a document that outlines your company's policies and procedures. It should be given to all employees so that there is a clear understanding of what is expected of them. The handbook can also include information about your company's culture and values.
UPDATE: Which Business Structure Works Best For My Florida Business?
Originally published: August 21, 2020 -- Updated: September 8, 2022
Update: In addition to considering the issues described below regarding how a business will be structured and managed, it is also important to consider how a business's structure will affect taxation. Different business entities are taxed in different ways, and business owners will need to be aware of the implications of each different business entity before settling upon one that they think fits best.
Generally, how a business will be taxed will depend on whether it is classified as a corporation or a pass-through entity. In a pass-through entity, the business itself is not taxed; instead, the business's owners are taxed on their share of the business's profits. There are some advantages to using this type of business entity, including a 20 percent deduction that may be taken in cases where a business owner has an annual income of $170,050 or less. Pass-through entities include sole proprietorships, partnerships, and S corporations. Owners of LLCs may elect to be taxed as either an S corporation or a C corporation.
What Kind of Information Can a Non-Disclosure Agreement Address?
Business contracts are used to protect the rights and interests of one or both parties involved in an agreement and non-disclosure agreements are one of the most commonly used types of contracts. NDAs provide a business with protection by ensuring that proprietary information such as trade secrets, information about a company's finances, or other sensitive information will not be released to the public, made accessible to competitors, or otherwise used against them. Individuals and organizations that use these agreements need to be aware of the laws that address restrictive covenants, when an agreement may be enforced, and the options they may have for protecting themselves.
Terms That May Be Included in an NDA
A non-disclosure agreement typically states that a party that receives confidential information about a business has the duty to keep this information confidential and prevent it from being released to others. An NDA may be mutual or non-mutual. Mutual agreements may be used in contracts involving two businesses or organizations, ensuring that each party will maintain confidentiality and avoid releasing sensitive information about the other party. Non-mutual agreements may be used in employment contracts, preventing an employee from releasing confidential information about a company either during or after their employment.
Seven Red Flags to Watch Out for When Drafting and Negotiating Contracts
Businesses will create contracts in a number of different situations, and it is important to make sure the terms of these agreements will provide them with the protection they need. Addressing potential issues when initially drafting a contract or negotiating terms with the other party can save a great deal of difficulty in the long run. With the help of a business law attorney, a company can ensure that it will be able to identify and resolve any concerns while avoiding problems that could lead to financial losses in the future. Some issues to watch out for during the contract drafting and negotiation process include:
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Ownership of work performed - Contracts should specify who owns the work product created pursuant to the agreement. If this is not addressed, the company that paid for work may find that it does not have the rights to use or sell the work performed, or a person who performed work may lose the ability to claim ownership of what they created.
How Is the Mediation Process Handled in Commercial Disputes?
There are many types of disputes that may affect a business, and determining the best ways to resolve these conflicts can sometimes be difficult. The approach to addressing business disputes may differ depending on whether a dispute is internal and affects a business's partners, shareholders, or employees, or whether it is external and involves the relationship between a business and other parties.
While resolving a dispute effectively is likely to be the primary goal in these situations, it may also be necessary to maintain important business relationships and avoid ongoing issues. In many cases, businesses will be looking to find solutions that will allow disputes to be resolved without the need for litigation. Mediation, a popular form of alternative dispute resolution, can be one of the best ways of doing so.
Steps Followed During Business Mediation
