Starting January 1, 2024, the majority of legal entities functioning in the United States need to assess whether they should submit reports on beneficial ownership information to the Financial Crimes Enforcement Network, in accordance with...
Failing to seek legal advice early is a costly mistake for entrepreneurs, warns attorney Jeffrey Lieser. Early legal intervention acts as insurance, preventing disputes and mitigating damages. Consulting a business attorney before embarking on contracts, partnerships, or ventures can help prevent disputes, reduce financial risks, and protect your business from potential failure.
Most business owners retain local legal counsel, but smart executives also retain counsel in states where they do significant business to ensure their legal interests are addressed efficiently. Retaining an attorney before there is a problem protects the business’s legal interests, develops strong relationships, and provides state-specific expertise.
A written Joint Venture Agreement (JVA) is crucial to avoid disputes, even among close friends or relatives. Without one, legal battles over fiduciary breaches, fraud, or self-dealing can arise, as seen in the South Florida case of three friends who went into business together that ended in a $21.5 million judgment.
In a quiet title action, the Plaintiff asks the court to declare the sole legal title to a property. It is commonly used for tax deeds, adverse possession and prescriptive easements, as an alternative to probate, or alongside other real estate claims. Defendants can also counterclaim to establish their own title to the property.
The Economic Loss Rule (ELR) originally limited claims in contract disputes to breach of contract, barring tort claims like negligence or fraud for purely economic losses. Florida's Tiara ruling, however, restricted ELR to product liability cases, opening the door for tort claims in contract disputes which can expose parties to broader liability.
Commercial evictions in Florida, often involving nonpayment of rent, lease violations, or holdover tenants, require the landlord to provide written notice before initiating expedited legal proceedings. Tenants may assert defenses like constructive eviction but must specifically dispute issues and give the landlord the opportunity to make repairs to protect their rights.
