Michael L. Feinstein, P.A.

Litigation Archives

How can an attorney help your business succeed?

Most people think of calling a lawyer when they get into trouble. While this is certainly a good idea, especially when there is much at stake, the assistance of an attorney can benefit you in other ways as well. In fact, if you own a Florida business or are considering starting one, having a skilled attorney from the very beginning of your venture can make a tremendous difference.

Burger King faces business litigation after customer files suit

Running a Florida business involves a lot of hard work and a knack for expecting the unexpected. In particular, company owners need to prepare for the possibility of business litigation. Even if individuals believe that they have conducted their operations in an upstanding manner, they could still face lawsuits if another party believes that misconduct occurred.

Alternatives to time-consuming and expensive litigation

Once you open your business here in south Florida, the odds are that at some point, you will end up in a dispute with another business, an employee or a customer. In many cases, you may be able to resolve the dispute in a friendly manner such as in the case of a misunderstanding or mix-up regarding the products or services your business agreed to provide, or that you were to receive.

What are you legal options when an invoice goes unpaid?

Regardless of the type of business you run, the odds are that you are in it to make a profit. You provide goods or services to your customers in exchange for payment. While this contractual arrangement seems simple enough, when a customer fails to keep up his or her end of the bargain, things can become complicated. You need to take swift action to collect fair payment.

Protecting Your Company: When is it Time to Consider Legal Action?

If a supplier, competitor, business partner or former employee is interfering with your company's operations, it is important to know when is the right time to consider legal action. While litigation can be disruptive, it can also be necessary, and in some cases aggressive action can be critical to mitigating any economic or reputational harm. Here are seven examples of legal issues that will often require use of formal or informal dispute resolution methods to protect a company's long-term interests:

Understanding Unfair Competition and Tortious Interference Claims in Florida

Legal disputes between business competitors can involve a wide range of legal claims, including claims for unfair competition and tortious interference. While both of these claims can be used to seek legal remedies against competitors that are attempting to gain an unfair advantage in the marketplace, they are focused on different practices, and understanding the differences is important for executives and company owners who are evaluating their options in the face of a potential dispute.

Potential Options for Businesses Struggling to Meet their Contractual Obligations

As a business owner, foreseeing a possible financial shortfall can raise a host of concerns. From failing to make payroll to risking default under a commercial lease or other key contract, in these circumstances there are several issues that require careful prioritization and a proactive approach in order to mitigate any potential business or reputational harm.

Incomplete Arbitration Provisions: Can an Arbitration Clause Apply to Only a Portion of a Commercial Dispute?

As a general rule, mandatory arbitration clauses are supposed to consolidate the dispute resolution process and minimize the financial burdens involved. The whole idea behind arbitration is that it is offers a streamlined process without the strictures and protracted timelines of litigation.

Are You Liable? Understanding Shareholder, Officer and Director Liability

One of the key features of the corporate legal structure is that it provides liability protection for the company's owners, officers and directors. For legal purposes, the corporation is an independent legal entity - its own "person" - and it exists separately from the real-life people who keep the wheels turning and the money flowing. When the company gets sued, it is the company's assets that are at risk rather than each individual owner, officer and director having his or her personal finances on the line.


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