Category Archives: Business Law
Repair and Maintenance Provisions in Commercial Leases
When you review or sign a commercial lease, there is a lot of information to pay attention to. We tend to be drawn to rent, expenses, and anything else that comes out of our pocket on a regular basis, understandably. But one thing that too many tenants may overlook, are duties to maintain and… Read More »
You Can Include ADR in Your Contracts, But Should You?
Alternative dispute resolution, or ADR, includes things like mediation and arbitration, which are conducted in an effort to try to resolve disputes outside of court, or before a full blown trial. ADR can be a cost effective method of resolving disputes, without the time, cost, or necessity of extended business litigation. You can include… Read More »
Can Your Business be Closed and Dissolved Against Your Will?
You would probably expect that if and when it is ever time to close up your business, that at the very least, it would be a voluntary decision. After all, it’s your business, and thus, your choice whether to close it up or not. But there are cases and situations when your business can… Read More »
What Does an Indemnification Clause Do?
Do you want to be held responsible for someone else’s mistake or error? Probably not. But if you sign indemnification clauses in contracts, that’s just what you’re doing. Many people don’t understand what an indemnification clause is, or what it does. That can lead to real problems down the road. What is Indemnification? An… Read More »
Common Mistakes When People Start New Businesses
It is seemingly just so easy to start a business. The State of Florida does a good job online, making it easy to just fill out some forms, and suddenly, you have a state recognized business. But that’s really a facade, because although you may have a legally established business, that’s not the end… Read More »
Don’t Get in Trouble for Handling Client Credit Issues
You probably know that many companies that advertise credit repair services, may not all be above board. Although some are legitimate companies, the industry is fraught with companies that promise more than what they can actually (or legally) deliver. That’s why the law puts a lot of restrictions on the industry and numerous regulations… Read More »
Contracts and the Meeting of the Minds
When it comes to contracts and making them enforceable, all the parties to the contract need to be on the same page. There is a phrase for this, called the “meeting of the minds,” and although it may sound silly or almost science-fiction like, it’s actually an important part of contractual enforcement and drafting… Read More »
The Rights of Minority Shareholders
Here in America, the great thing is that minorities matter, and have a voice—and that includes if you are a minority shareholder. Yes, don’t let the “minority” word fool you when it comes to shareholders. Because as a minority shareholder, you do have rights, and if you’re a business with minority shareholders, you should… Read More »
You’re Still a Fiduciary, Even When Your Company is Winding Down
There may come a time when your business needs to wind down its operations. And when it does, you’ll have two forces tugging at you, if you’re an owner or higher level officer. On the one hand, you’ll have creditors (which may be why you’re winding down operations in the first place). On the… Read More »
Fraud in the Inducement: Fraud Before the Contract is Formed
You may already know that many times, we sign contracts, and we end up defrauded. That’s not just a breach of contract, but rather, a knowingly deceitful act by one party, made while knowing that the other party was going to rely on the (mis)representation. But there are times when we are actually defrauded… Read More »
