HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

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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) are a fairly recent invention … Read More

A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

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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 way most likely to be enforced. Nor … Read More

FIRE THEM! OR CAN YOU?

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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 someone for illegal reasons.  Those … Read More

BUT WE’RE FAMILY!

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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 case comes to us after … Read More

DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

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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 which it responded, calling it … Read More