Business litigation refers to the legal disputes that come between businesses between people that are related to business matters. These conflicts can include things like breach of contract, and intellectual property disputes, and they can have significant financial implications. Here’s what to expect during the business litigation process in Florida.

The Pre-Litigation Phase

Before filing a lawsuit, you should try to resolve the dispute through negotiation or alternative dispute resolution methods. This pre-litigation phase often involves sending demand letters, engaging in settlement discussions, and exploring mediation or arbitration options.

Selecting The Correct Court

Once it becomes clear you can’t resolve the dispute, the next step is to determine the appropriate court to file a lawsuit. Depending on the nature and value of the dispute, it may be filed in small claims court, state court, or federal court.

The Discovery Stage

Once the lawsuit is filed, you’ll enter the discovery stage. This stage is when both sides collect evidence and exchange information related to the dispute. Discovery can include written requests for documents, depositions, interrogatories, and requests for admissions. The discovery stage allows each party to gain a better understanding of the opposing party’s case and evidence.

Litigation    

During the trial, both sides present their evidence and arguments to the judge or jury. The judge or jury then makes a decision, either in the form of a verdict or judgment. Litigation can be a complex and lengthy process, requiring the expertise of a business litigation attorney with courtroom experience.

Post-Trial Proceedings

After a verdict or judgment is reached, there are still additional steps that may need to be taken. If the decision is in your favor, you may need to enforce the judgment to collect any damages awarded. If the decision is not in your favor, you may have the option to file an appeal to a higher court.

Get Help From An Experienced Florida Business Litigation Lawyer Now 

The business litigation process in Florida involves several stages, each requiring careful navigation and expertise to protect your interests and successfully resolve the dispute. A skilled attorney can guide you through each step of the process, ensuring that you have the best possible chance of achieving a favorable outcome. 

Contact Feinstein Real Estate Litigation & Business Law if you have questions or to schedule your initial consultation to discuss your case. Call now at 954-767-9662.

Business law encompasses a wide range of legal principles and regulations that govern various aspects of operating a business. Understanding and adhering to these laws is essential for entrepreneurs and organizations to ensure compliance, protect their rights, and mitigate potential risks. In this article, we will delve into key areas of business law, including business formations and organizations, employee handbooks, employment law, litigation, operating agreements, partnership agreements, real estate transactions, sales and acquisitions, shareholder agreements, and state and federal regulations and licensing.

Business Formations and Organizations

Choosing the right business structure is crucial for entrepreneurs. Common options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each structure has its own advantages and disadvantages in terms of liability, taxation, and management. Understanding the legal implications of each option is vital to ensure compliance with relevant regulations and to protect personal assets.

Employee Handbooks

An employee handbook is a vital tool that sets forth the rights and responsibilities of both employers and employees within an organization. It outlines policies and procedures regarding employment terms, code of conduct, benefits, disciplinary measures, and dispute resolution mechanisms. Employee handbooks help maintain consistency, prevent misunderstandings, and reduce legal risks. It is essential for businesses to ensure that their handbooks comply with relevant employment laws and are regularly updated to reflect changes in regulations.

Employment Law, Contracts, and Disputes

Employment law governs the relationship between employers and employees. It covers a wide range of areas, including employment contracts, discrimination, harassment, wages and hours, leave policies, and termination. Employers must be aware of their obligations under state and federal employment laws to avoid legal disputes. Clear and comprehensive employment contracts help protect the rights of both parties and minimize the likelihood of disputes arising.

Litigation

Litigation refers to the process of resolving disputes through the court system. In business, litigation can arise from various issues, such as contract breaches, intellectual property disputes, employment matters, and tort claims. Engaging in litigation can be time-consuming and expensive, so it is crucial for businesses to explore alternative dispute resolution methods, such as mediation or arbitration, whenever possible. Understanding the legal process and seeking expert legal advice can help organizations navigate litigation successfully.

Operating Agreements

Operating agreements are essential for LLCs and partnerships. These agreements establish the rights and responsibilities of the members or partners, outline the decision-making processes, and define profit-sharing mechanisms. Well-drafted operating agreements help prevent disputes and provide a clear framework for business operations. It is important to consult with legal professionals to create customized operating agreements that align with the specific needs and goals of the organization.

Partnership Agreements

Partnership agreements are contractual arrangements that establish the rights and obligations of partners in a business venture. These agreements address profit distribution, decision-making authority, dispute-resolution mechanisms, and the procedures for admitting or removing partners. Comprehensive partnership agreements can help prevent conflicts and provide a solid foundation for a successful partnership.

Real Estate Sales, Purchases, and Leases

Real estate transactions play a significant role in many businesses. Whether purchasing, selling, or leasing property, it is essential to understand the legal aspects involved. Real estate contracts, due diligence, zoning regulations, financing, and environmental considerations are just a few of the factors to consider. Engaging legal professionals experienced in real estate law can ensure that transactions are legally sound and protect the interests of the parties involved.

Sales and Acquisitions

Sales and acquisitions involve complex legal considerations. Negotiating and drafting purchase agreements, conducting due diligence, addressing regulatory compliance, and assessing intellectual property rights are crucial steps in these processes. Proper legal guidance throughout the transaction can help mitigate risks and ensure a smooth transfer of ownership.

Shareholder Agreements

Shareholder agreements govern the relationship between shareholders in a corporation. These agreements establish rights and obligations, share ownership and transfer rules, and mechanisms for dispute resolution. By clearly outlining the expectations and responsibilities of shareholders, these agreements help promote transparency, prevent conflicts, and protect the interests of all parties involved.

State and Federal Regulations

Businesses must navigate a vast array of state and federal regulations that impact their operations. These regulations cover areas such as taxation, labor and employment, consumer protection, environmental compliance, and intellectual property. Failure to comply with these regulations can result in fines, penalties, and reputational damage. Staying informed about regulatory changes and seeking legal counsel can help businesses maintain compliance and avoid legal issues.

State and Federal Licensing

Many industries require specific licenses and permit to operate legally. These licenses vary based on the type of business and the industry it operates in. State and federal licensing requirements may include professional licenses, permits for specific activities, or compliance with health and safety regulations. Understanding and obtaining the necessary licenses is crucial to avoid legal repercussions and maintaining the integrity of the business.

Conclusion

Business law encompasses a broad range of legal principles and regulations that impact organizations. From business formations to state and federal regulations, understanding these legal aspects is vital for entrepreneurs and business owners. By seeking legal counsel, staying informed about changes in laws and regulations, and implementing best practices, organizations can ensure compliance, mitigate risks, and operate successfully in a complex legal environment.

Having a business partner can be fun; from sharing new ideas to insights, it is sometimes quick to execute specific business assignments with a business partner. However, things may go sour when either of the parties starts to embrace negligence. Most business partners often ask: Can I Sue My Business Partner for Negligence?

The short answer to this question is YES. You might sue a business partner if your partnership agreement stipulated that your partner should work and not neglect duties.

Grounds for Suing a Business Partner for Negligence

A business partner is one or more people coming together to run a business. As a business partner, each person plays a role in decision-making. While some find it comfortable working and partnering with others, sharing the power of decision-making may not be their thing.

Sometimes, a business owner may force others to agree, even without their consent. General and limited are the two types of partnerships. The former states that business owners hold equal powers and are privy to business profits. They also have the same decision-making powers, including those affecting business management. On the other hand, they will also be responsible if businesses are out of cash.

A limited partnership means that partners can fully supervise and control the company. They hold the power other partners don’t have. They don’t enter into binding contracts but are exempted from the debts and obligations of the business.

What Should I Do in The Case of Negligence by A Business Partner?

Solving business partners’ issues does not require taking legal action at times. However, sometimes you may have to settle only for business litigation. You may sue your business partner for the negligence of duty.

Suing for Negligence

Suing your business partner for negligence is not only the issue to focus on, but you must be ready to prove things to make it a valid claim. If you are suing your business partner for negligence, you must be prepared to show that:

●  Your business partner didn’t act as a reasonable business partner would have done under a similar condition

●  Your partner’s actions have brought some setbacks or damages to the business

If a business owner can prove these points genuine, he has everything needed to get started with a legitimate negligence claim.

A business partner owes the partnership a duty of care to make decisions in good faith. If they fail to do this, then there may be a basis for a negligence claim.

Conclusion

You can sue your business partner for negligence, provided that it is stated in your agreement that your partner will not neglect any designated duties. However, an agreement should always spell out a partner’s duty clearly.

The Trump Organization has filed a lawsuit in the Florida State Circuit Court against New York Attorney General Letitia James, alleging that James’ investigation into the Trump Organization is politically motivated and designed to financially and personally ruin the former President. 

The lawsuit suggests that when James was elected in 2018, she came into her position with the desire to publicly malign and financially destroy the then-President and alleges that her actions are the result of a racist witch hunt. Specifically, the suit says James has willfully conducted a “relentless, pernicious, public and unapologetic crusade” against the former President and the Trump Organization.  

The 41-page action names the Donald J. Trump Revocable Trust, suggesting that because James sought information about the trust during her investigation, it requires protection from James due to its containment of Donald Trump’s last will, estate plan, and other instructions on how his assets are to be distributed following his death. 

The suit states, “These are private matters to President Trump, and under Florida law, the revelation of a settlor’s revocable trust while the settlor is still alive threatens the settlor’s right to privacy guaranteed by Article I, Section 23 of the Florida Constitution and the common law.” 

In response, a spokesperson for the Office of the New York Attorney General stated that “no number of lawsuits [against them] will deter” the $250 million civil suit filed by James against the Trump Organization in New York. 

“We sued Donald Trump because he committed extensive financial fraud. That fact hasn’t changed, and neither will our resolve to ensure that no matter how powerful or political one might be, no one is above the law,” the spokesperson noted. 

Are You Involved In a Florida Real Estate or Business Dispute? 

If you are involved in a real estate or business dispute, it is important to seek legal assistance as soon as possible, whether or not the issue on the table is worth $250 million or $250,000. An experienced Fort Lauderdale business lawyer can help you protect your rights and interests, and resolve the dispute in a timely and efficient manner. 

At Feinstein Real Estate Litigation & Business Law P.C., we have extensive experience handling a wide range of business and real estate disputes, including breach of contract, construction litigation, landlord-tenant disputes, and more. We understand the importance of resolving disputes as soon as possible and will work tirelessly to help you reach a favourable outcome. Contact us today to schedule a consultation by dialling 954-767-9662.

With legislation rapidly changing across the country, businesses are becoming increasingly concerned about how their companies will be impacted by new restrictions and regulations – and rightly so. 

In July 2022, Florida businesses filed a lawsuit against the state after governor Ron DeSantis passed the Stop WOKE Act, alleging it infringes on a company’s right to free speech. Here’s what to know and how to get help from a business litigation firm in Florida if your company has been negatively impacted by a new state law. 

What Is the Stop WOKE Act? 

The Stop WOKE Act (Stop Wrongs to Our Kids and Employees Act) is new legislation that prevents employers with 15 or more employees from mandating that their employees attend discussions in the workplace about critical race theory, Black history, and LGBTQIA+ issues. While employers are still free to host speeches, training sessions, and other educational activities on these topics in the workplace, they may not require employees to attend as a condition of employment. 

How Does This Legislation Hurt Businesses? 

Racism and sexism has been a long-standing issue in the workplace that should continue to be addressed. The injunction filed by attorneys representing Florida businesses suggest that the new legislation infringes upon their right to free speech and causes harm to the operation of their companies. 

Employers can no longer require employees to attend diversity and inclusion training, which businesses claim interferes with their ability to adequately prepare employees for the workplace.  

What Recourse Do Companies Have Against State Laws That Harm Their Businesses?

Companies that are unjustly affected by legislation can bring a lawsuit against the state if the legislation infringes on one of their constitutional or state rights. States may be ordered to compensate businesses for losses incurred under the unfair legislation. 

Contact Feinstein Real Estate Litigation & Business Law Now 

If your business has lost or will lose money as a result of state legislation, you may have legal recourse available to you if you suffered damages caused by laws that violate your constitutional rights to free speech, freedom of assembly, free press, and other rights afforded to businesses. 

Call Feinstein Real Estate Litigation & Business Law for more information or to get the legal help you need. Dial 954-767-9662 to make an appointment with our Fort Lauderdale business law and real estate litigation attorneys now.

What Types of Damages Are Available in Breach of Construction Contract Cases? 

When you hire a construction company to begin building your dream home, everything seems exciting and hopeful. However, a breach of contract from the construction contractor you hired can quickly put a damper on your dreams of custom homeownership. Here’s a look at what types of damages are available in breach of construction contract cases and what you can do to obtain the compensation you deserve after a construction company or contractor leaves you high and dry. 

Two Primary Types of Breach of Construction Contract Damages 

An owner that brings a claim against a construction contractor or company can choose to be reimbursed in one of two ways: 

1. The contract is considered void and the owner must be fully restored to their status prior to the beginning of the contract. This means the construction company must pay back some or all of the funds paid to them at the start of and/or during the project, less the quantum meruit value of work done to date. 
2. The contract must be affirmed and the owner must be compensated for the benefit they would have received if the contract had been completed as promised. This benefit can be compensated in a variety of ways, such as compensating the owner for cost to have the construction completed by another contractor. 

Cano, Inc. v. Judet, 2021

In the case of the Fourth District Court of Appeal in Cano, Inc. v. Judet, 2021 WL 4301625 (Fla. 4th DCA 2021), the appeals court ruled that the owner had the right to choose to be financially restored to their position immediately prior to signing the construction contract. Despite the defendant’s staunch opposition, the judge ruled that they are required to remit all payments made for the construction back to the owner after subtracting the quantum meruit value of the work the contractor did. 

Get Help From a South Florida Construction Dispute Attorney Today 

If you are a homeowner whose construction contractor has failed to meet their contractual obligations, you may have legal recourse. It’s critical to reach out to an experienced construction litigation law firm for assistance; inexperienced legal help may be no help at all. Call Feinstein Real Estate Litigation & Business Law for your consultation or to get answers to your questions about construction litigation by dialing 954-767-9662.

Arbitration rules that force parties to resolve disagreements through mediation rather than litigation, are commonplace in a variety of agreements, particularly commercial contracts. 

But what happens when one company decides to sue another, regardless of the fact that their agreement has an arbitration clause? The defendant’s response to the suit typically determines whether or not the case will be successful. Here’s what you should know. 

Arbitration Clauses May Be Used as a Defense  

Consider a case where two organizations committed to arbitrate any contract-related problems by putting an arbitration provision in their contract. Despite entering into the contract, one company later feels aggrieved and initiates litigation. 

In rebuttal to the lawsuit, the defendant’s counsel would most likely mention the arbitration clause as a defense to the proceedings, or they may inform the court of the arbitration agreement’s presence and urge the judge to dismiss the case.

But what happens if the defendant’s lawyer fails to mention the promise to arbitrate in their response to the dispute? Has the defendant’s liberty to arbitrate been forfeited as a result? 

It’s possible. While just responding to a lawsuit does not always imply a surrender of the desire to arbitrate, it can help to create the impression of litigation involvement, which courts have held to be sufficient to relinquish arbitral rights.

How Case Law Has Impacted Business Disputes Involving Arbitration Clauses 

The Sixth Circuit Court of Appeals has devised a two-part test for determining whether an individual’s or company’s actions amount to a renunciation of a contractual obligation to arbitrate disagreements. This test was created with the awareness that “waiver of the right to arbitration is not to be lightly inferred” due to the obvious substantial presumption in support of arbitration. Glazer v. Lehman Bros., Inc., 394 F.3d 444, 450 (6th Cir. 2005).

When to Bring a Business Litigation Lawyer On Board 

Arbitration provisions can be included in a variety of contracts. If you are involved in a contract dispute, especially if your agreement has an arbitration clause, it’s important to seek out the counsel of an experienced Florida business litigation lawyer. 

At Feinstein Real Estate Litigation & Business Law, we have the skills and expertise to provide you with comprehensive legal representation. Call today to book your consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami). Our team is available now to help.

You may have heard of an NDA in the course of doing business, especially if you’re a business owner or high-level manager. Here’s what you should know about NDAs, how they can help protect your company’s important information, and what to do if someone within your company breaks or violates the NDA. 

First, What Is an NDA? 

An NDA, or non-disclosure agreement, is a legal document signed by two or more parties that binds each party to an obligation of privacy and compels the undersigned to keep important, secret information secure. 

What Are NDAs Used For? 

Non-disclosure agreements are relatively common for businesses, particua for partnerships and joint ventures. An NDA can protect proprietary information, like secret restaurant formulas, new product blueprints, or marketing strategies. 

This means that the parties who agree to the NDA commit to not sharing this critical information with others, especially competitors who could use the data to appropriate products, services, or unique features that the business offers. 

How Do NDAs Get Broken? 

Unfortunately, NDAs can and do get broken. Sometimes this may be an accidental mistake, where a party lets something slip in conversation that they shouldn’t have. 

That said, NDAs can also be broken purposely in an effort to damage the business and its owner. This sometimes occurs when an employee has been terminated and are looking to “get back at” the company that let them go. 

What to Do If Your Business Partner Violates Your NDA 

If you suspect that your business partner or someone else at your company has violated an NDA they signed, the first thing you should do is review the contract itself. Often, non-disclosure agreements include protocol and remedies for violations in the document itself. 

Then, collect what evidence you can to trace how the information was released and who may have leaked it. Being able to prove your case beyond a shadow of a doubt can help you from being put on the hook for court costs and legal fees. 

Get Help From an Experienced South Florida Business Litigation Attorney Today 

A business partner or someone else you work with who has violated a non-disclosure agreement can be a significant hazard to your company and livelihood. Don’t wait to get experienced legal help with complex business litigation issues from an attorney you can trust. 

Contact the reputable and dedicated attorneys at Michael L. Feinstein, P.A,for a consultation by calling 973.635.4500. 

When starting a business, one of the first decisions you must make is the type of entity you will use to run your business. For many in Florida, the limited liability company or corporation is the most desirable because they offer protection of the business owner’s personal assets in the event that the business becomes liable for debts or damages. This separation of the corporation’s assets from those of the owner or shareholders is called the corporate veil.

If you own a corporation or LLC, you may feel impervious to lawsuits or creditors who may seek your personal assets because you have the protection of the corporate veil. However, it is important that you understand the limitations of that protection. In fact, you may not realize that certain actions by business owners or shareholders may dissolve the separation between you and your business.

What might pierce the corporate veil?

Running your business as a corporation or LLC offers you some security. If your business goes into debt, for example, you may not fear losing your home or personal savings. However, the corporate veil does not protect you in every circumstance. The term “piercing the corporate veil” refers to situations where the entity of the owner or shareholders and the entity of the business are no longer separate, placing the owner or shareholders at risk of personal liability. The following are examples of actions that may pierce the corporate veil:

• Mixing your personal finances with those of the business
• Using the business to commit fraud
• Acting egregiously by placing the corporation’s prosperity over the good of the public
• Using business funds for personal use, even as a loan
• Keep poor or inaccurate financial records
• Failing to pay state and federal payroll taxes
• Misusing business credit cards for personal use
• Using your personal assets as collateral for a business loan
• Signing contracts or loan agreements personally without the backing of the shareholders

If these or other circumstances exist and you are facing legal action, your personal property may be in jeopardy. As with most elements of business law, Florida’s statutes may be different from those in other states. You may also be dealing with matters of federal law. This is why, at the earliest sign that you may be at risk of personal liability, you would be wise to seek the advice of an attorney who has experience in state and federal litigation.

You may have always had the entrepreneurial spirit. From a young age, you may have had great ideas for school projects, taken the initiative to get tasks completed and even stepped into leadership roles whenever available. As you grew into an adult, you knew that you wanted to start your own business, which you did.

Now, you own multiple businesses and earn a generous income. While you still like the feeling of being in charge and having your ideas come to fruition, you know that any slip up could prove costly for any of your businesses. How can you stay on top?

Managing and delegating

You have likely already learned that you cannot oversee absolutely everything that goes on in your business ventures. This can seem a bit daunting at times because you may hold to the adage that if you want something done right you should do it yourself. However, that is not typically possible when it comes to successful business practices. Instead, you want to have a team of hand-picked individuals who can take over operations when needed.

Creating this team can take time as you will likely need to observe and find the employees or outside parties who have the drive, determination and work ethic to operate your business as you see fit. Fortunately, it can be done, and you can have a trusted team to keep your company running smoothly.

Stay updated

Of course, even if you have your trusted teams, you need to stay in the loop. As a result, it is important to have someone from each company bring you regular updates regarding operations, financial reports or even complaints. It is also wise to make in-person visits to your companies to ensure that everything is running smoothly and that you have not missed out on any important information.

Issues may arise

Running multiple businesses opens up many opportunities, but it may also open you up to a greater chance of facing legal issues. If another company claims that any of your businesses have violated the law, you will certainly want to handle that type of ordeal personally. Gaining information regarding the complaint, the laws involved and your legal options could help you maintain the integrity of your company and defend against allegations. To that end, having the help of an experienced Florida business litigation attorney could work in your favor.