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Category Archives: Business Law

Arbitration3

Business Disputes And Arbitration

By HD Law Partners |

If you are pursuing legal action in connection with a business contract dispute, it is possible there is a provision in the contract to move toward arbitration. An alternative to traditional litigation paths, arbitration has some similarities to mediation in that there is a neutral third party who reviews documentation, listens to arguments, and… Read More »

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BusinessLit2

How “Restrictive Covenants” Work In Florida

By HD Law Partners |

Employment is usually “at-will” in Florida. In other words, an employer is free to fire an employee, or an employee is free to quit and seek employment elsewhere. In many cases, a former employee will find work with another firm that is a direct competitor with the former employer. Some employers want to protect… Read More »

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Can A Florida Limited Liability Company Be Held Responsible For The Personal Debts Of Its Members?

By HD Law Partners |

The most common reason for a person or group of persons to form a limited liability company (LLC) or corporation is to protect their personal assets from business creditors. In other words, if the business is sued, any judgment can only be collected against the assets owned by the business entity itself and not… Read More »

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BreachContract2

How Federal Preemption May–Or May Not–Impact A Breach Of Contract Lawsuit

By HD Law Partners |

The federal nature of our legal system means there are situations where a federal law may override or “preempt” a state law. This can, in turn, significantly affect the rights of private parties to civil litigation whose disputes are covered by such laws. Indeed, the question of whether preemption applies can itself lead to… Read More »

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BusinessLit

What Happens When LLC Members Deadlock Over A Business Decision?

By HD Law Partners |

A limited liability company (LLC) provides a flexible mechanism for one or more people to form a business with protection from personal liability for business debts. Unlike a corporation, where shareholders often play no role in the day-to-day management of the business, an LLC may be structured so as to give the individual owners… Read More »

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BusLaw6

Protect Yourself And Your (Small Or Big) Business

By HD Law Partners |

How Florida’s Business Judgment Rule Protects Corporate Directors One of the main reasons that people create a legal entity for their business, such as a corporation or a limited liability company, is for liability protection. That is to say, such entities shield individual owners or directors from personal liability for actions taken by the… Read More »

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When Can You Bring a Lanham Act Claim Against a Competitor for False Advertising?

By HD Law Partners |

If you can prove that your competitor’s advertising is false, untrue, or misleading, you may be able to bring a claim under the Lanham Act. Specifically, you could sue your competitor under 15 U.S. Code § 1125 (the Lanham Act) to: Seek an injunction against the competitor’s false advertising; Recover damages; and In some… Read More »

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What is Covered Under Business Interruption Insurance in Florida?

By HD Law Partners |

If you are like most business owners, you will do all it takes to protect your business at all costs. However, under certain circumstances, you may be unable to protect your business from unexpected events such as a natural disaster or pandemic. Every business owner must consider purchasing business interruption insurance to protect their… Read More »

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Breach of Contract Claims for Commercial Landlords & Businesses During COVID-19: Will Force Majeure Be of Help?

By HD Law Partners |

One issue that has already come up in a number of contexts due to the coronavirus pandemic, including when it comes to business and landlord-tenant breach of contract claims, is the force majeure clause, or the provision in contracts which excuses non-performance of some contract obligations if certain unforeseeable events occur which makes fulfilling… Read More »

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McDonald’s Wins Largest Adjudicated Case in the History of National Labor Relations Board & Sets Precedent for Franchise Business Model

By HD Law Partners |

In December, McDonald’s Corp. won a major battle in a multiyear legal battle with labor unions concerning alleged corporate labor violations at its many franchise restaurants. The ruling absolves the company of any direct responsibility as a joint employer when it comes to contracted labor, indicating that, without strong evidence that companies directly control… Read More »

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