Should You Accept the Settlement?: 5 Factors to Consider When Weighing Your Options

Nationwide statistics show that most lawsuits reach a settlement before they reach the trial stage. After all, people tend to gravitate towards the least risky option with the greatest certainty of reward. Still, if you've been offered a settlement for your business lawsuit, your case may not be so cut-and-dry. Consider the facts of your situation before you make any hasty decisions. 1) Do you have the time? It Read More

Understanding the Key Types of Damages Available in a Breach of Contract Settlement

When a contract is made, it creates a legally binding agreement that protects the interests of each party. If one party breaches the terms of the agreement, it can cause considerable problems for the other. Thankfully, the wronged party can choose from several legal remedies to make up for any losses. One of the most common remedies comes in the form of damages, or monetary awards, which are further broken down into Read More

4 Common Causes of Shareholder Disputes

A shareholder agreement can come in handy when there are two or more shareholders in a corporation. It can cover buy-sell rights for shares, restrictions on transferring shares, voting rights, and a shareholder's salary and employment duties. The more comprehensive your shareholder agreement, the more likely you are to prevent disputes among shareholders. To understand why the agreement is so important, consider some Read More

Distribution Damage: 5 Common Distribution Agreement Mistakes that Could Harm Your Business

Regardless of whether you are a supplier or a distributor, your business could benefit from a distribution agreement. A distribution agreement is a legally binding contract between a seller of goods and a distributor that outlines the details involved in the sale and transfer of goods. By having a distribution agreement, businesses save time and money by avoiding misunderstandings that affects the profitability of Read More

Contract Law: Understanding The Difference Between “Material” and “Immaterial” Breaches

For as long as there have been contracts, there have been parties to those contracts who have failed to abide by them—whether purposefully or otherwise. When this occurs, it is known as a ‘breach’ of the contract. Most good contracts address what happens if a party to the contract breaches the agreement. Often times, that language allows the parties to go to court to find out whether the breaching party was Read More

Florida Business Litigation: What Constitutes Tortious Interference?

Tortious interference may sound a bit funny, but to business owners and parties to a contract, it is no laughing matter. Tortious interference happens when a third party to a business relationship or contract intentionally disrupts that relationship or contract. This can take many different forms: when an employer who sues a former employee to enforce a non-compete agreement, when neighbors put up fake for sale signs Read More

Business Intellectual Property: Understanding the Difference Between Copyrights, Trademarks, and Patents

Every day, your business is creating intellectual property that you should be keeping track of and protecting. But where do you start? How can you tell the difference between a trademark, copyright, and patent, let alone figure out how to protect and monetize them? No need to panic. Most of your IP will fit easily into one of these three groups and each has its own set of protections established by law. Read More

Contractually Assured Destruction: 4 Mistakes Every Business Must Avoid

Contracts are the backbone of every successful business. No matter the size of the company, every business owner must at least understand the basics and the necessity. Simply having a hand-shake contract or a contract written on a napkin is rarely ever going to be effective. And whether you have poor, unenforceable contract, or a complete lack thereof, it will usually lead to costly litigation and a serious Read More

5 Key Questions to Ask Before Buying an Existing Business

Buying an existing business can be a great way to expand your holdings and increase your revenue. It can also be a money pit waiting to happen. Before moving forward with the acquisition of a business, you should ask yourself and the seller these five key questions in order to minimize the risks involved in the transaction. 1)Why are they selling? This is perhaps the single most important question to ask Read More

3 Types of Contracts/Agreements Your Company Should Be Using

There may have been a time where a handshake and promise was good enough to trust that someone would keep their word, but modern businesses live and die by contracts. Unfortunately, you simply cannot trust that people will always do what they say they will do or what you instruct them to do. You need concrete and thorough contracts and agreements in place to ensure that your company’s interests are always Read More