Florida Attorney Blog including business law and real estate legal topics.
It’s all the rage. You’re in foreclosure. You find out the lender has lost the note. Or if it was lost initially, the lender suddenly finds the note or proves its terms. But either way, the lender still can’t prove when it took ownership or assignment of the note. You argue the lender can’t show [...]
Recently, a commercial tenant came to me concerned about a landlord having the nerve to charge sales tax on his share of electricity. It seems incredible but the landlord did exactly what the law requires as commercial lease lawyers will tell you. Tenants must pay sales tax on common area maintenance charges ("CAM") required by [...]
This year, the Florida Supreme Court adopted rules addressing discovery of electronically stored information (“ESI”) in lawsuits. Electronic Discovery (“E-Discovery”) is how a Tampa Business Lawyer obtains ESI in business litigation. Electronically Stored Information As a Tampa Business Lawyer, in litigation I want to tell a story. Even better, I want to show it. I [...]
You have a business dispute. Either the seller of the business you bought is directly competing against you after the closing or an ex-employee has gone to work for the competition taking trade secrets with him. First, hopefully you have a signed a Non-Compete Agreement. Now you have to evaluate certain risks in asking for [...]
Keylogging software used by hackers presents an increased security risk to small businesses. As a Business Attorney Clearwater FL I can't emphasize to my clients enough of how vigilant they need to me. This software records keystrokes on your keyboard and is used by hackers to obtain banking credentials to transfer money out of bank [...]
Businesses are using social media more and more. Even small businesses have put time and effort into their social media profiles such as Facebook Pages, Twitter, YouTube, and Google+. The legal implications of social media mandate you have strict marketing goals governed by clear company policies. Social Media Legal Liability Businesses are wise [...]
Imitation, they say, is the greatest form of flattery. But ask a business owner if he would be happy to find out a competing company or ex-employee has copied the content of his website for their own. It is surely unfair after all your hard work to have someone simply take your business material. It [...]
While the failure to file the required Annual Report with the Division of Corporations will lead to administrative dissolution of the corporation, failure to keep at least Annual Minutes is a little less cut and dried. Annual Minutes are not required to be filed with the Division of Corporations. There is no penalty for failure [...]
Have you ever had the need for a Florida Power of Attorney? If you have lately then know that effective October 1, 2011, new requirements provided by the Florida Power of Attorney Act must be satisfied. Changes to existing law are not retroactive so if you have a Power of Attorney from before October 1, [...]
A limited liability company (“LLC”) is a form of business entity available under the Florida Limited Liability Company Act. An LLC is controlled either by a Manager or by a Managing Member pursuant to the LLC “operating agreement.” Members hold their investment in an LLC in the form of membership interests. Similar to S-Corporations and [...]
