During the last few weeks, we have seen the Coronavirus go from “bad flu” to worldwide pandemic causing the cancellation of major sporting and music events worldwide. On March 11, 2020, the World Health Organization declared the COVID-19 (Coronavirus) an official pandemic, and President Donald Trump declared it a national emergency a few days later, after many states had already done so. Because of such designations at the local, national, and worldwide levels, many businesses have been given directions to cease activities and recommendations to the average citizen if affected areas are to begin what is called “social distancing.” These actions have created a global disruptions (and mass panic) that prevents or makes it impracticable for many businesses and people to honor their contracts. What can you do if you can no longer perform your obligations in light of this public health emergency? Are you still required to host that event or provide the contracted service? Because of this global outbreak and the state of affairs, you may have three potential ways to excuse nonperformance of your obligations: 1) Impossibility, or as it’s more commonly known, Impracticability, (2) Frustration of Purpose, and/or 3) A Force Majeure Clause.
Read MoreI’m a business and commercial litigation attorney, which basically means I deal with agreements. Agreements (or disagreements) between people or businesses, for products or services. I’ve been practicing for six years, and I have both jury and non-jury trial experience. I have handled cases ranging from individuals and startups in state court to defending large multinational corporations in federal court. During this time, I’ve saved a company over $250,000.00 by uncovering a fraudulent scheme being perpetrated by a husband and wife team. I’ve prevented an owner from losing his business when the owner failed to protect his business with the proper corporate documents and contracts. I obtained a judgment against an employee that was running up corporate debts for personal expenses without proper authority, and I have mitigated damages in the millions of dollars for businesses and owners alike. Through all these cases, I have seen what steps could have been taken early on to prevent costly litigation, or at least severely decrease the risk of exposure. Here are my Top 5 Tips that you can start implementing to decrease or prevent costly litigation:
Read MoreOnce you form an LLC, often you will choose to hire independent contractors rather than full-time employees for cost-saving, tax, and regulatory reasons. However, there is sizeable risk that you might be misclassifying that independent contractor if he/she is acting and being treated more like an employee. This risk is especially apparent for those people you hire who perform contracting work, are paid commission-only, or get paid through their own company (like an LLC).
Read MoreI’m a business transactional and commercial litigation attorney, and a large portion of my practice is consulting with business owners and entrepreneurs about the differences between the business entities available and which one is right for them. The answer (usually) is it depends!
Every company has a different vision for the lifecycle of the company, and the right business entity fit depends on many factors that we discuss, including the size, business area, location, structure, and goals of the company.
Read MoreWelcome to the special edition of Maverick Monthly and the Legal Learning Corner. Today we are going to discuss the almighty signature and what it really means for contracts.
It's now generally accepted that the Declaration of Independence was not actually signed on the Fourth of July—that's just the day the document was formally dated, finalized, and adopted by the Continental Congress, which had officially voted for independence on July 2nd (the day John Adams thought we should celebrate). Early printed copies of the Declaration were signed by John Hancock and secretary Charles Thomson to be given to military officers and various political committees, but the bulk of the other 54 men signed an official finalized (and in larger print) copy on August 2, with others to follow at a later date. Hancock (the bold man of his day) signed his name again on the updated version.
Read MoreFlorida, like many states, does not require a Limited Liability Company (“LLC”) to have an Operating Agreement; however, it is always recommended to create one for several important reasons discussed below.
As an initial step for anyone wishing to form a company in Florida, it is always recommended that you seek legal advice in Florida from a Florida business lawyer who will be able to provide guidance regarding which Florida business entity is right for your situation and to assist you in the proper formation of such corporate entity, including an LLC.
Read MoreSocial media has and continues to impact the legislative process, or at least how the public perceives and consumes it. Hours after Mueller testified that Russia interfered in the 2016 election and that Russia and other foreign governments were already at work on 2020 interference, Kentucky senator Mitch McConnell blocked a bill to strengthen election security. The aftermath on social media and the Twittersphere led to some less-than-gracious trending hashtags, including #MoscowMitch. In an effort to quell the haters and belay hashtags, the senator made a rare response on the senate floor calling such social media pressures “modern day McCarthyism.” But #MoscowMitch wasn’t the only senator taking heat on social. The cold war era hashtags continued with #LeningradLindsey trending after Senator Lindsay Graham advanced a bill on asylum to the Senate waiving procedural rules. Social media has become more and more a political sword in the arsenal of most politicians these days, and some might argue that the rise in the use of social media in this way was popularized by our current President.
Read MoreAbout six months ago, I met this amazing powerhouse female whose awesomeness and humility were so refreshing despite her creativity and innovative style having literally transformed the landscape of barbershops throughout South Florida. Diana Hernandez is a Designer, CEO, and mother all-in-one, and she was the chief vision and creative force behind the look of each and every location of The Spot Barbershop. With years of impressive experience as an industrial designer, art director, and business owner, Diana has expanded her portfolio once again with Blos·Roses.
Read MoreWelcome to a community of women entrepreneurs who are real, soulful, passionate and creative. Comadres trust each other with the most important pieces of their lives. Let’s be guardians of each others’; dreams and successes.
Read MoreNest of Love was created by Samantha Gil, and I think this was their first live panel event (from what I heard). They did a really great job choosing a unique venue and bringing value to the female empowerment movement. This panel discussion focused on four professional ladies in different industries and their stories of success and continued efforts to lift up and inspire other women in the community.
Read MoreEsqapades launched in 2017 to bring unique, curated events to local attorneys. To attend the monthly dinner, each attorney has to be pre-approved by the founder, and the exclusivity and intimate approach to event planning have allowed the group to get to know each other and connect more than you would at any happy hour or mixer.
Read MoreLadies Ledger has the following motto: “Family First. Business Second. Honor Above Profit. Be Your Sisters Keeper.” The group is less like a traditional networking event and more like a sisterhood. Ladies Ledger started in 2018 as the all-women’s answer to the Gentlemen’s Journal, which has been a South Florida staple for the past five years.
Read MoreThere is a better way to network and grow your business, and it all starts by shifting your perspective from building your business to building authentic and meaningful connections with everyone around you.
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