At Brick Business Law, P.A., we often receive questions from current and prospective clients about their unique legal circumstances. Below are brief answers to some of the most common questions we receive about our legal services for Florida businesses. Please note that these answers are provided for general informational purposes only and do not constitute legal advice. Because every situation is different, this information should not be relied upon as a substitute for legal counsel. We strongly recommend consulting with an attorney for specific, tailored advice or guidance. Reach out to us today to arrange a consultation and get answers to your most pressing legal concerns.
Although you do not have to hire an attorney to register or launch a business, starting a new enterprise can involve numerous legal issues and questions. Having legal counsel can provide you with the advice and support you need as you build your business. An attorney can help with entity selection, corporate structuring, business licensing, initial financing/investment, regulatory compliance, and employment matters. Working with a lawyer to start your business can help avoid pitfalls that may make your company’s first days more challenging or potentially jeopardize the business before it even gets off the ground.
Our firm represents businesses facing litigation in Florida, including breach of contract claims, payment disputes, enforcement of restrictive covenants, tortious interference claims, unfair/deceptive trade practice claims, commercial lease disputes, construction litigation, shareholder derivative actions, and shareholder oppression claims. Our business litigation attorneys will protect your company’s interests through innovative, efficient, and cost-effective solutions that allow you to focus on growing your business. When a dispute arises, contact us as soon as possible to discuss your options.
Co-owners or partners in a business can have disputes over strategic direction, finances, or day-to-day operations. When you face a partnership or shareholder dispute, one of the first steps you should take is to review your company’s governance documents, such as bylaws, operating agreements, partnership agreements, or shareholders’ agreements. Contact our firm to discuss your legal options. Our attorneys can help you understand your legal rights and options, represent you or your company in mediation, arbitration, or litigation, and take the stress of an owners’ dispute off your shoulders so you can focus on continuing to run your business.
One of the most complex aspects of commercial law involves business acquisitions, mergers, and sales. If you are a business owner or executive who is thinking of buying, merging, or selling a company, you need immediate legal representation to get you the results you’re looking for. Our law firm can help with the due diligence and documentation of your deal to ensure you’re getting the best possible terms and that the transaction meets your needs. We’ll also advise you on matters of asset protection and corporate restructuring.
Our firm offers fractional Chief Legal Officer services as well as general counsel and transactions services to businesses. Businesses of all sizes can have ongoing legal questions, issues, and challenges requiring legal guidance, advice and task execution. Our fractional CLO services allow companies to access the same high-level strategic counsel that bigger companies with in-house general counsel enjoy, but on a more flexible basis. We can structure our fractional CLO services to your company’s individual needs and financial capacity, so you can benefit from having an attorney intimately familiar with your business’s operations and goals to provide legal counsel and support tailored to your company’s needs, rather than contacting law firms without a background understanding of your company for ad hoc work. Alternatively, we can also provide on-demand general counsel, advisory and transaction services for clients on our standard engagement basis.
Our legal team also practices employment law. We have extensive experience in matters such as wage-and-hour rules, discrimination/harassment claims, employment and executive compensation agreements, and employee restrictive covenants such as confidentiality and non-compete agreements. Our attorneys can also represent your company in litigation involving wage, overtime, workplace discrimination/harassment, or whistleblower claims. We can also provide ongoing counsel and support to help your company meet its employment law compliance obligations and develop employee handbooks and HR policies to build a functioning workforce. We also provide advice and guidance on standard or everyday HR and employment-related matters.
Our firm offers free consultations to entrepreneurs and businesses to help prospective clients understand how we can best serve their needs and interests. Contact Brick Business Law, P.A., today for an initial consultation to discuss your business’s needs, goals, and concerns. Our attorneys’ extensive experience with Florida’s commercial laws and business landscape enables us to tailor solutions and provide legal advocacy for startups, emerging companies, and established businesses.
Under Florida law, attorney’s fees are recoverable only if a statute or contract provides for it (Fla. Stat. §57.105 is one example). Reviewing your agreements is critical to know if fee-shifting applies. Our firm advises clients up front on whether they may recoup fees.
The timeline depends on complexity, but commercial cases can take 12–24 months from filing through trial. Mediation or early settlement may shorten that window. Brick Business Law works to position cases for early resolution while preparing for trial if necessary.
A freeze-out occurs when majority owners squeeze minority shareholders out of decision-making or profits. Florida law (Fla. Stat. §607.1602 and related provisions) gives minority owners rights to records, information, and in some cases buyouts. Our firm litigates and defends these actions.
Yes. Florida courts may grant temporary or permanent injunctions to stop misappropriation of trade secrets, breaches of non-compete agreements, or unfair competition. Swift legal action is key—Brick Business Law frequently seeks or defends injunctions for business clients.
Are non-compete agreements enforceable in Florida?
Yes, but only if they are reasonable in time, area, and scope, and protect legitimate business interests (Fla. Stat. §542.335). Courts often enforce 6–24 month restrictions if tailored. Brick Business Law helps both employers and employees navigate these agreements.
Only if the worker meets IRS and Florida Department of Revenue tests. Misclassification can lead to tax liability and wage claims. We guide businesses in structuring compliant relationships.
Florida is an “at-will” state, meaning employees may generally be terminated without cause. However, federal and state anti-discrimination laws (Title VII, FCRA) and contractual rights still apply. Our firm advises employers to follow documented, consistent processes.
Issues often arise around overtime exemptions, off-the-clock work, and tip credit compliance under the FLSA. Florida also sets its own minimum wage, adjusted annually. Brick Business Law audits payroll practices to prevent liability.
Key steps include updating handbooks, documenting performance issues, and training managers on anti-discrimination and wage compliance. We serve as outside general counsel to implement risk-reducing practices.
Outside GC acts as a part-time or fractional legal department—handling contracts, compliance, HR, and strategy—without the cost of in-house counsel. Brick Business Law fills this role for growing companies across Florida.
Signs include frequent contract negotiations, rapid hiring, regulatory concerns, or repeated legal issues. Companies between $2M–$50M revenue often find outside GC most cost-effective.
We proactively identify legal risks—such as employment policies, data privacy, or vendor contracts—and create preventive strategies before disputes escalate.
Yes, if the outside GC is a licensed firm like Brick Business Law. We not only advise day-to-day but also step in to litigate when necessary, providing continuity.
Many clients prefer flat-fee or monthly subscription models to create predictable monthly legal spend. Upon request, we can try to tailor fee structures to match business needs and budgets when the scope of work allows for us to do so. However, the general default is for hourly billing at set rates which vary depending upon the experience level of the attorney or paralegal. We understand that unanticipated fees can be difficult for businesses to absorb, so we strive to provide practical fees and regular invoicing at least monthly and can generally update our clients with status checks of works in progress as requested.
Due diligence is a structured review of contracts, financials, litigation history, employment issues, and compliance before closing a deal. Brick Business Law leads buyers and sellers through legal diligence.
An asset sale transfers specific assets and liabilities; a stock sale transfers ownership of the entire company. Tax, liability, and regulatory consequences differ. We advise clients on which structure is more favorable (however, we do not provide tax advice as part of our services and always recommend engaging outside tax counsel or CPAs for tax advice).
Key clauses include limitation of liability, indemnification, governing law, and dispute resolution. Brick Business Law drafts and negotiates contracts that reduce future exposure.
Failing to define buy-sell terms, capital contributions, and dispute resolution mechanisms often leads to litigation. Our firm drafts agreements that prevent future conflict.
Yes. Even closely held companies benefit from bylaws, meeting minutes, and compliance with Florida’s corporate statutes. Proper governance reduces liability and adds value in a future sale. Brick Business Law ensures these protections are in place.
Although you do not have to hire an attorney to register or launch a business, starting a new enterprise can involve numerous legal issues and questions. Having legal counsel can provide you with the advice and support you need as you build your business. An attorney can help with entity selection, corporate structuring, business licensing, initial financing/investment, regulatory compliance, and employment matters. Working with a lawyer to start your business can help avoid pitfalls that may make your company’s first days more challenging or potentially jeopardize the business before it even gets off the ground.
Unresolved disputes can freeze operations, drive away clients, damage reputation, and cut company value—especially during a potential sale or transition.
Include clear decision-making rules, ownership rights, buy-sell terms, valuation methods, and mediation steps. Written clarity avoids costly litigation later.
Personal relationships blur boundaries. Emotions, unequal involvement, and succession disagreements often override logic unless formal governance exists.
You have statutory inspection rights to review company records, and majority owners owe fiduciary duties of good faith and fair dealing. Courts can enforce access or appoint a receiver.
Communication breakdown, withheld financial data, unilateral spending, or demand letters are red flags that a dispute may soon escalate.
If both sides agree to alternative dispute resolution or have an enforceable contract with mediation or arbitration clauses, it can generally be resolved without court intervention.
In general, outside counsel provides ad hoc objective advice, ensures compliance, preserves leverage and evidence to protect the company from future litigation, reviews and drafts contracts and agreement, and often resolves disputes before they become lawsuits.
Review agreements annually, define roles, maintain transparent reporting, and involve general counsel early—especially during growth or ownership changes.
Wage-and-hour claims, discrimination or retaliation complaints, wrongful termination, and non-compete violations top the list.
Fast-growing companies often mislabel contractors or salaried staff. Failing to track hours or pay overtime can trigger federal FLSA actions and double-damage penalties.
Skipping documentation, inconsistent treatment, or firing without clear performance records often sparks discrimination or retaliation claims.
They set expectations, guide managers, and show regulators that the company took reasonable preventive steps. Consistency equals protection.
Critical. Time sheets, reviews, and pay data form the evidence base in any dispute. Without them, employers lose credibility and legal defenses.
A business facing an overtime demand used counsel to audit pay records, fix errors, and settle quietly—saving six figures and avoiding publicity.
Call counsel immediately, preserve all records, notify your EPLI carrier, and limit internal chatter. The first 72 hours define your defense.
Proactive involvement turns HR decisions into risk-managed processes—training managers, resolving issues confidentially, and avoiding lawsuits.
Audit classifications, update handbooks, train supervisors, schedule twice-yearly HR/legal reviews, and implement consistent documentation.
In general, exempt employees aren’t entitled to overtime if they meet salary and duties tests; non-exempt workers must receive overtime pay for hours over 40 per week.
As of Jan 1 2025, most exemptions require a salary of at least $1,128 per week ($58,656 annually).
Executive, administrative, professional, computer, and outside-sales roles—each requiring specific levels of judgment, authority, or advanced education.
No. Actual job duties and pay structure control classification, not titles.
Labeling someone “manager” without authority, paying below threshold, or treating contractors as employees.
At least annually or whenever duties or salaries change to maintain compliance.
Generally, yes—for discrimination, harassment, or retaliation under Title VII, ADA, or ADEA. Non-compete, wage or contract claims can generally go straight to court.
The agency investigates, requests a written response, and may mediate. After review, it issues a “Right-to-Sue” letter allowing a court case.
Complaint → Agency Investigation → Right-to-Sue → Lawsuit → Discovery → Mediation → Trial → Appeal.
During or after discovery, often at court-ordered mediation—well before trial.
Confidentiality, neutral references, non-disparagement, and sometimes policy revisions or compliance training.
They act as on-call risk managers—reviewing contracts, training teams, and catching problems before they turn into litigation.
Twice per year at minimum; quarterly for companies experiencing rapid growth or staff changes.
Employment Practices Liability Insurance (EPLI) can cover defense costs and settlements.
Signed contracts, HR policies, payroll data, meeting minutes, and email trails of key decisions.
They create a regular cadence of review and accountability, documentation, and regular communication—all of which help prove good-faith management in court.
Unresolved conflict signals instability and can cause actual financial or other problems for the business; buyers discount value, demand protections or walk away entirely.
It aligns legal, financial, and operational factors—cleaning up ownership, contracts, and employee issues to maximize valuation.
Buyers scrutinize contracts, HR compliance, and disputes, often seeking to find leverage to increase protections, lower the purchase price or even walk-away from a deal. Performing proactive legal clean-up long before a business is listed for sale can add significant value for sellers.
By documenting key relationships, formalizing governance, and structuring buy-sell provisions aligned with succession goals.
Start a structured review of ownership documents, employment policies, and financial controls so as to be able to reflect a well-run organization, protect legal risks and be prepared for due diligence.
