Category Archives: Business Corporate
When Can You Bring a Lanham Act Claim Against a Competitor for False Advertising?
If you can prove that your competitor’s advertising is false, untrue, or misleading, you may be able to bring a claim under the Lanham Act. Specifically, you could sue your competitor under 15 U.S. Code § 1125 (the Lanham Act) to: Seek an injunction against the competitor’s false advertising; Recover damages; and In some… Read More »
What is Covered Under Business Interruption Insurance in Florida?
If you are like most business owners, you will do all it takes to protect your business at all costs. However, under certain circumstances, you may be unable to protect your business from unexpected events such as a natural disaster or pandemic. Every business owner must consider purchasing business interruption insurance to protect their… Read More »
Breach of Contract Claims for Commercial Landlords & Businesses During COVID-19: Will Force Majeure Be of Help?
One issue that has already come up in a number of contexts due to the coronavirus pandemic, including when it comes to business and landlord-tenant breach of contract claims, is the force majeure clause, or the provision in contracts which excuses non-performance of some contract obligations if certain unforeseeable events occur which makes fulfilling… Read More »
McDonald’s Wins Largest Adjudicated Case in the History of National Labor Relations Board & Sets Precedent for Franchise Business Model
In December, McDonald’s Corp. won a major battle in a multiyear legal battle with labor unions concerning alleged corporate labor violations at its many franchise restaurants. The ruling absolves the company of any direct responsibility as a joint employer when it comes to contracted labor, indicating that, without strong evidence that companies directly control… Read More »
Registering A Business Trademark
As attorneys who regularly assist clients here in Florida with trademark disputes, we also help to counsel clients on registering a business trademark. A business’ trademark is essential in identifying its “brand” and protecting its goods and services, both in terms of another company using that brand and all of the various legal implications… Read More »
Why S Corporate Status Makes Sense for A Number of Small Businesses
Most business owners choose to initially choose to form as a sole proprietorship because it costs less and there is less bureaucracy. However, many also switch to either a C corporation or a limited liability company (LLC) at some point in order to benefit from additional protections. While we have previously discussed the advantages… Read More »
If You Are a Business Owner or Thinking Of Forming a Business, Make Sure You Do This before Tax Season Arrives
When it comes to owning and operating a business, not only is it important to ensure that all of your financials and tax information is in order, but there are a number of operations you want to make sure are in order at the end of each year. Forgetting even one of these important… Read More »
Where New Technology Could Place Your Business at Risk
While new technology is expected to solve a number of our problems–from reducing human error to growing the global economy–it is also expected to have a significant effect on corporate liability, commercial litigation, insurance litigation, and product liability claims. As the industry grows in complex technology, companies and insurers need to make sure that… Read More »
Commercial Landlords & Tenant Bankruptcy
Tenants filing for bankruptcy is less of an issue for residential landlords, but an increasingly frustrating problem for commercial landlords as we get further into 2018. As a result, it is important—now more than ever—that commercial landlords know what their rights are when it comes to how tenant bankruptcy affects lease agreements. Rules: Before… Read More »
When Your Business Cannot Reopen After The Storm
One of the hardest hit areas near Irma’s landfall was Goodland, Florida, where the hurricane not only damaged properties, but permanently “condemned” several businesses, including several local restaurants. As a result, many businesses now have to look for new locations, and some are even collecting donations to rebuild in the community. While many Floridians… Read More »
