Blog

Getting What You Pay For: Buying & Selling a Business

tarting a business from scratch is often more expensive, risky and time consuming than simply acquiring an already existing business. Just some of the reasons for this are that the business you’re looking to acquire may already have a customer base, facilities, key employees, and relationships with suppliers that would otherwise require substantial, independent effort to develop.

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Inside Job: Protecting Trade Secrets

Imagine this commonplace scenario: a key employee of yours with access to your major customers, and who is intimately aware of your company’s trade secrets, resigns from your organization. Not only that, he or she is leaving your company to go work for a competitor.  This employee has knowledge of inside information about trade secrets, customer information, and financial information […]

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What You Can & Cannot Do in a Florida Non-Compete Agreement

Statutory developments have made non-compete agreements an excellent way to help protect a business owner’s investments in their employees and trade secrets, and in an increasingly competitive business environment, these agreements are often relied upon to prevent employees from (a) being snatched away by competitors, (b) running a competing business on the side, or (c) terminating their employment and leaving […]

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Buy-Sell Agreements: Protect Your Ownership Interest in the Event of Death

Business owners often have concerns over what would happen to their ownership interests when an owner dies. Some of these concerns include whether the owner’s descendants will inherit economic interests, voting rights or both. These concerns can be dealt with by entering into a properly drafted Buy-Sell Agreement that can be included in or be separate from an operating, partnership […]

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Legal Maneuvers to Consider in a Down Economy

Every rain cloud has a silver lining and even amid the gloom of “The Great Recession” opportunities abound. Put simply depressed valuations present opportunities for those with cash or access to it. Moreover, from an estate tax perspective, historically low interest rates and a looming increase in tax rates makes 2010 the best year in a long time to implement […]

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Life Insurance Beneficiaries

The person(s) you designated as beneficiaries of your life insurance policies get paid when you die, typically your spouse and children. However, by making the policy payable directly to a carefully drafted trust you can ensure the money is protected from their creditors, poor spending decisions, and the influence of others who may express a sudden interest in “helping” them…

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Adding Trusted Persons to Bank Accounts

Adding trusted persons to bank accounts and property titles with rights of survivorship often does not result in an easy ownership transfer upon death, due to the risks of increased taxation, disinheritance, litigation and other problems relating to the joint owner’s illness, untimely death, divorce, debt or poor judgment. A good trust will achieve the same objectives while avoiding virtually […]

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A Business Law Myth

Business Law Myth: 51% ownership equals total control of the business. For certain “major decisions” unanimous consent might be required, depending on whether the business is governed by the partnership, corporate or LLC statute. Moreover, majority owners assume certain fiduciary duties that often prove restrictive…

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In Case of Incapacity

Life insurance is usually a “no brainer”, but Americans are 5 times more likely to become disabled than to die prematurely. Attorneys can help address how things are handled and who is in charge of what in the case of incapacity by going beyond a simple will. However, you still need a good financial advisor to help you get the […]

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Florida Assets Held Jointly by a Husband & Wife…

Florida assets held jointly by a husband and wife as tenants by the entireties are normally protected from a judgment against only one spouse, at least for as long as the marriage. Keeping the asset in FL is important, because not all states have this protection…

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