CAN YOU TAX GUNS OUT OF EXISTENCE?

January 18, 2018

Questions about firearms are never far from the mind in the American political discourse.  Sometimes it simmers on the back burner, bubbling at the rhythm of political campaigns.  Other times it surges to the forefront, often in the wake of atrocities like one committed against concert goers in Las Vegas last year. Guns are not […]

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BANKRUPTCY’S FRESH START

January 9, 2018

For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors.  A discharge under Chapter 7 or confirmation of a payment plan under Chapter 11 marks the end of that journey. But that does not always keep some sneaky creditors from trying their hand at pursuing the matter in State […]

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WHAT TO MY WONDERING EYES SHOULD APPEAR…

December 21, 2017

… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying “tours of homes” driving past greatly decorated houses in town, is that appearance awesome? Or should sleigh riders beware of scowling homeowners lurking behind windows, shotgun in hand, cursing […]

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HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

October 26, 2017

Limited liability is the cornerstone of modern, corporate free enterprise.  It means the entrepreneur puts no more of their personal fortune at risk than they invest in the company they create.  Their personal assets not invested in the venture may not be reached by the company’s creditors should the business fail. Limited Liability Companies (LLCs) […]

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A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

October 17, 2017

The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business Interests.  It follows logically then that they are only enforceable against certain employees and under certain circumstances.  Smart businesses employ expert counsel to draft them in a […]

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FIRE THEM! OR CAN YOU?

August 17, 2017

In the wake of the events in Charlottesville, a question came up in the business community.  Can you fire someone for being a white supremacist? The short answer in Florida is yes.  We are an at-will employment state.  You can fire someone for good reasons, bad reasons, or no reason at all.  You cannot fire […]

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THE SCOURGE OF PROFESSIONAL PLAINTIFFS

August 4, 2017

The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those among us suffering from a disability enjoy the same opportunities as everyone else. But it also seeks to do so reasonably. On the employment side, it insists on a […]

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BUT WE’RE FAMILY!

August 3, 2017

We’re all family.  We all get along.  So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? But consider an otherwise obscure Florida Supreme Court’s case, the first sentence of which, stripped of a forest of names in quotation marks and parentheticals, reads like this: “This […]

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YOU’RE ON JURY DUTY. NOW WHAT?

July 25, 2017

If you have been selected for jury duty, a New York Times headline might have grabbed your attention.  It said that “Jury Secrecy Doesn’t Apply if Bias Taints Deliberations.” This is inaccurate, if for no other reason that there is no such thing as jury secrecy.  Once the verdict is announced, jurors are free to […]

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DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

July 19, 2017

The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality Ann Coulter lambasted Delta on Twitter for making her change seat, Delta’s PR department did not say it all or early.  It reacted as emotionally as the rant to […]

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