Starting a business with another person means placing a lot of trust in that individual. An individual generally trusts that anyone with whom they start a business will fulfill their obligations and act in the best interest of the company. Unfortunately, not every...
Business Litigation
3 things people often do when a business partner sues them
A business partnership is a long-term relationship in which two or more people cooperate for mutual financial and professional benefit. Partners combine their resources and experience to form functional businesses that either partner might struggle to run on his own....
3 top reasons that businesses find themselves in litigation
As a business owner, you want to keep your operation moving and avoid unnecessary losses – and that means looking for ways to reduce the possibility of inconvenient and expensive litigation. While litigation can erupt for all kinds of reasons, here are three of the...
Payton & Associates Wins Multi-National Business Litigation Avoiding $300 Million Verdict
Payton & Associates represented an international client in a complex dispute in federal court. Mexico City invited our client to develop a mobile taxi-hailing application for the 140,000 taxicabs licensed to operate in that city. Our client was introduced to a...
DOES COVID-19 PROVIDE AN EXCUSE FOR NON-PERFORMANCE OF A CONTRACT?
The question of almost every party to a contract that remains to be fully performed is whether Covid-19 is an act of God that will excuse performance by the party who has yet to complete performance. The starting point in any such inquiry is the written agreement...
Can a Judgment Creditor Garnish a Contractual Obligation?
If you think a commercial contract can protect you from a garnishment, you may well be wrong. While proper wording of a contract is essential to safeguard your interests and provide a path to recovery in the event of a default, the courts have made it clear that a...
Is Your Website ADA Compliant?
Under the Americans with Disabilities Act (ADA), most businesses are required to make all electronic and information technology accessible to people with disabilities, including their websites. Otherwise, you may be surprised by a lawsuit from plaintiff's lawyers who...
Officer and director duties of care and of loyalty
Companies in Florida vary greatly in size and therefore they vary greatly in the number of employees working for them. These companies need people to manage the employees and to do this they hire managers and other officers of the company to ensure everything runs...
Process for determining enforcement of a non-compete agreement
When companies in Florida are hiring new employees there are many different considerations that go into the decision about who to hire for the job. First they need to determine the work that is required and budget considerations for salaries. Then they need to...
There are many disputes that arise in partnerships
There are many different businesses in Florida. There are also different ways that these businesses can form. Some businesses form as S-corporations and others C-corporations. They could also form as a limited liability company, a sole proprietorship, a...