Related FAQ Question's & Answer's

If a matter is already in litigation, the business should consult an attorney immediately (see above response to “Why Is It Crucial To Hire An Attorney For Business Litigation?”). However, even if the matter is likely to lead to litigation, there are a number of steps that can or should be taken to protect the interests of the business in preparation for anticipated litigation. The knowledge of a dispute that may lead to litigation could create certain legal obligations for the business, such as the requirement to preserve of records, to avoid additional liability. Also, getting the advice and guidance of an attorney early on in a dispute may help to develop an overview of legal rights and a cost-benefit analysis of different responses, such as settlement, litigation or other alternative dispute resolutions. Often times litigation can result simply from mismanaging a dispute that could have been resolved informally with less time and expense with appropriate legal guidance from the start. Many business owners who attempt to “do it themselves” to save money end up spending more on attorney’s fees after they have created or complicated their legal issues unnecessarily.

We generally handle any type of business-related dispute in Florida or under Florida law. This would include litigation, arbitration or informal disputes related to advertising, business theft, employment, contracts, shareholders and other fiduciaries, defamation, business interference, non-compete, intellectual property, real estate, collections and other areas. Please see the page on our website entitled “Business Litigation and Disputes” for more information, or contact us for a free consultation.

The term “Business Litigation” relates to the litigation of controversies in court arising from commercial and business relationships. These relationships may be with a business’ vendors, customers, clients, suppliers, creditors, debtors, competitors, government agencies, financers, officers, directors, members, shareholders, advisers, fiduciaries, employees or third parties. Disputes which arise in the context of these relationships are often based upon contracts, fraud, misrepresentations or other disagreements. Litigation is a dynamic process involving many complex decisions and considerations. A business should take great care in selecting a litigation team that understands the process and can advise and execute on a path towards the optimum resolution. Our approach to business litigation is to research and fully understand our clients’ situation (prior to litigation, if possible), to consult with the client regarding alternative business litigation strategies and to assess the cost-benefit of those strategies. Finally, we set out a customized strategic course of action for litigating each client’s case based upon its unique strengths and weaknesses, the needs and desires of the client and the applicable law. See our page on “Business Litigation and Disputes” for more information, or contact us for a free consultation.

The main factors to consider when choosing a business entity are tax, liability, applicable law and required corporate formalities. We generally defer to your CPA to help you establish the best type of tax set up for your business. Liability refers to the level of personal asset protection provided by the entity to its owners. Applicable law refers to how and to what extent the law is established as applied to various factors for each entity type. For instance, some types of entities require that every owner must hold a certain professional designation. Required corporate formalities refer to the level and extent of corporate procedures are generally required to operate a particular business. The determination of the ‘best fit’ for each person’s new business should be made on a case-by-case basis.

If a corporation is the chosen entity, the basic steps are to choose the state of incorporation, file electronic articles of incorporation with the appropriate secretary of state, obtain an EIN number from the IRS and file any appropriate tax election, create by-laws, have an initial meeting of the founders/incorporators to adopt the by-laws, approve and adopt pre-incorporation actions, elect the board, appoint officers, distribute shares, allocate responsibilities, create and open bank accounts, obtain and recognize ownership contributions, create and execute a shareholder agreement and other appropriate documents (such as NDAs, non-competes, assignment of IP, employment agreements, etc.) and begin operations.