When do you need an NDA?

“NDA” stands for Non-Disclosure Agreement. (“NDA”) These agreements are also sometimes called Confidentiality Agreements, and they might even be one provision within an agreement that covers a the entire understanding between parties.[1] Whatever they are called or found, these agreements are basically contracts designed to define the consequences that you could impose if someone shared your secret information. You Read More

How to Negotiate a Contract

Plenty of clients call me or come to my office to tell me that they have made an agreement with someone and they want for me to write it up in a proper contract. I prepare the contract, send it to the other party’s attorney, and then both parties are stunned by the cost to finalize the contract. As with anything, there are many ways to successfully negotiate a contract. You can certainly shake hands with someone and Read More

Traffic ticket in Miami-Dade County?

What to do when you get a traffic ticket in Miami-Dade County Everyone hates getting a traffic ticket. When it happens in Miami-Dade County, you might end up getting a stack of tickets all in one traffic stop. Because twelve points on your license in twelve months will result in a suspension of your license, you probably do not want to just pay the ticket. Paying the ticket is an admission of your guilt, and will Read More

How to Deal with a Bad Landlord

It is hard to be a tenant in Florida with an unpleasant landlord. Typical complaints can include broken appliances, leaking, the mold that is inevitable when you have leaking and air conditioning, a refusal to return your security deposit, and the list goes on and on. Here are some tips for dealing with your landlord to preserve your rights, set your attorney up to win a case on your behalf, and live peacefully in Read More

Duties of Non-profit Board Membership

Non-profit organizations are frequently governed by board of directors. Directors for a non-profit are considered “fiduciaries.” A fiduciary is a person who owes to another a duty of “loyalty, civility, self-sacrifice, vocational excellence, and high standards of honesty.”[1] When non-profits are governed by a board, their acts typically require a board of directors approval and monitoring. Since non-profit board Read More

When will Courts Pierce your Corporate Veil?

When will Courts Pierce your Corporate Veil and How to Avoid it It takes a lot to get a judgment against you – you have to be proven liable for committing a civil wrong under the facts and law of your case. [1] If this has happened to your company, then things have gone very wrong. But could they get worse? Maybe. “Piercing the corporate veil” is a phrase that comes from common law, that developed through court Read More

Why the FAA Drone Policies Are So Awful

Earlier this year, the Federal Aviation Administration (FAA) fined Raphael Pirker $10,000 for flying a small Ritewing Zephyr, a remote controlled plane that retails for under $200. The fine was based on the careless or reckless operation of an “aircraft.” An administrative judge agreed with Pirker’s argument that his model plane was not an “aircraft” subject to the FAA’s rules, and dismissed the fine. Now the Read More

What Business Entity is Right for You?

What type of Entity Should you choose for your New Company? Every situation has it's own unique facts, and the type of entity you choose may be very important under your circumstances, but generally the most important thing about the entity you create is the contract it is based on. Allow me to explain: Title XXXVI of the Florida Statutes defines the types of business entities recognized by Florida. These include Read More

What happens when you get sued?

It is difficult to “get sued.” Usually, you can avoid having lawsuits filed against you by providing excellent customer service, quality work product, and handling your employees and vendors reasonably and politely. [1] If one of your customers, vendors, or employees complained to your company’s management or you, you might want to “lawyer up” right away. Why? Because a lawyer can help you save a lot of money by Read More

New Corporate Entities for Florida

Brand New Corporate Entities for Florida: Benefit and Social Purpose Corporations As of July 1, 2014, Florida became a member of the growing minority of states that has designed a special type of for-profit company that can have a purpose other than maximizing profits for the shareholders – the traditional corporate goal. Instead, companies can choose to make less money or defer profit to devote a portion of their Read More