Generated by All in One SEO Pro v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Brick Business Law, P.A. ## Sitemaps - [XML Sitemap](https://brickbusinesslaw.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [The Business of Litigation: How Great Attorneys Help You Make Better Decisions](https://brickbusinesslaw.com/blog/how-great-attorneys-help-you-make-better-decisions/) - How Should Business Owners Approach The Decision To File A Lawsuit? Business owners should treat the decision to file a lawsuit as a business decision, weighing trade-offs, costs, time, and risks. It's not merely about being right; it's about assessing how much the lawsuit could detract from the business and whether it's worth pursuing. When - [Understanding The Difference Between Knowing The Law And Litigation Outcomes](https://brickbusinesslaw.com/blog/understanding-the-difference-between-knowing-the-law-and-litigation-outcomes/) - What Is The Difference Between Knowing The Law And Understanding How Lawsuits Play Out? Knowing the law involves understanding the rules and statutes that should dictate the outcome of a case. However, the actual outcome is influenced by various factors such as the people involved, economic pressures, leverage, costs, and the strength of the parties. - [How To Hire The Right Lawyer And Build A Strong Litigation Strategy](https://brickbusinesslaw.com/blog/how-to-hire-the-right-lawyer-and-build-a-strong-litigation-strategy/) - What Should Business Owners Look For In A Litigation Firm? Business owners should prioritize finding a lawyer with specific experience relevant to the type of litigation. It's crucial to have a strategic thinker who can plan and execute rather than just react. Additionally, ensure that the lawyer understands your business goals, budget, and approach, as - [Navigating The First 72 Hours After Being Served With A Lawsuit](https://brickbusinesslaw.com/blog/navigating-the-first-72-hours-after-being-served-with-a-lawsuit/) - What Does It Mean To Be Served With A Lawsuit? Being served with a lawsuit signifies the initiation of a formal legal process, no longer just a threat. It is crucial to take immediate action because ignoring it can lead to a default judgment. Receiving a lawsuit means it's time to take the situation seriously - [Legal Strategies For Selling Your Business](https://brickbusinesslaw.com/blog/legal-strategies-for-selling-your-business/) - What Does Getting Ready To Sell A Business Actually Involve In Practice? Preparing to sell a business means ensuring that the operations and revenue are contractually protected and can continue without the owner's direct involvement. This involves having documented systems in place that make the business transferable, allowing a new owner to understand and manage - [Best Practices for Handling Internal Investigations in Florida Workplaces](https://brickbusinesslaw.com/blog/best-practices-for-handling-internal-investigations-in-florida-workplaces/) - When allegations of workplace misconduct surface, Florida employers face a critical decision. The way you handle the initial hours and days of an internal investigation can determine whether you're protecting your business or inadvertently creating legal exposure that could cost thousands of dollars and put you at risk of litigation. Navigating these complex situations requires - [Legal Strategies for Business Growth and Exit](https://brickbusinesslaw.com/blog/legal-strategies-for-business-growth-and-exit/) - What ensures a successful relationship between a business and its attorney? A successful relationship between a business and its attorney is built on collaboration and transparency. It's important for both parties to share all relevant information openly. This allows attorneys to provide the most effective advice, as they have a complete understanding of the situation. - [Choosing the Right Lawyer for Your Growing Business](https://brickbusinesslaw.com/blog/choosing-the-right-lawyer-for-your-growing-business/) - Stop hiring lawyers based on price. Learn how to find a legal partner with business acumen, industry expertise, and the strategic mindset to grow your company. - [What Legal Risks for Are There for Florida Employers Having Remote Workers in Other States?](https://brickbusinesslaw.com/blog/what-legal-risks-for-are-there-for-florida-employers-having-remote-workers-in-other-states/) - What Legal Risks for Are There for Florida Employers Having Remote Workers in Other States? Remote work gives Florida companies access to strong talent, but it also creates legal responsibilities that can follow your business into other states. For employers in Tampa and across Tampa Bay, one out-of-state hire can trigger new rules for pay, - [When Is It Important for Healthcare Service Corporations in Jacksonville to Hire Outside Legal Counsel?](https://brickbusinesslaw.com/blog/when-is-it-important-for-healthcare-service-corporations-in-jacksonville-to-hire-outside-legal-counsel/) - Healthcare organizations face an increasingly complex legal landscape that can overwhelm even experienced internal teams. For healthcare service companies in Jacksonville, knowing when to bring in external legal guidance could mean the difference between regulatory compliance and costly violations, successful transactions and failed deals, or manageable risk and catastrophic liability. The decision to engage outside - [Legal Pitfalls in Corporate Documents](https://brickbusinesslaw.com/blog/legal-pitfalls-in-corporate-documents/) - Why is it crucial for business owners to pay attention to internal corporate agreements? Business owners must carefully review internal corporate agreements as they can bind partners in unexpected ways, leading to unfavorable terms and consequences. Understanding the provisions within these agreements is essential to avoid potential misunderstandings or issues that may arise in the - [What Are Key Issues When Drafting Asset Purchase Agreements in Miami?](https://brickbusinesslaw.com/blog/what-are-key-issues-when-drafting-asset-purchase-agreements-in-miami/) - Asset purchase agreements represent one of the most complex transaction documents in business law. When Florida companies acquire assets from other businesses, the stakes are enormous and the legal landscape is unforgiving. One poorly drafted clause can expose buyers to unexpected liabilities or leave sellers without adequate protection. The complexity multiplies in Miami's unique business - [Legal Pitfalls of Using AI in Business](https://brickbusinesslaw.com/blog/legal-pitfalls-of-using-ai-in-business/) - Think twice before using AI for contracts or legal research. Discover how AI-generated documents can increase litigation risk and why human counsel is vital. - [How Can an Attorney Help Me Avoid Pitfalls With AI-Powered Automations in Florida?](https://brickbusinesslaw.com/blog/how-can-an-attorney-help-me-avoid-pitfalls-with-ai-powered-automations-in-florida/) - Florida businesses are rushing to implement AI-powered automations at breakneck speed. Smart move for efficiency, but the legal landscape around artificial intelligence remains murky at best. Companies often discover compliance issues, liability gaps, and regulatory headaches only after their AI systems are already running. Working with experienced business law attorneys can help you identify potential - [Can an Attorney Help Protect Fintech Assets in my Jacksonville Business?](https://brickbusinesslaw.com/blog/can-an-attorney-help-protect-fintech-assets-in-my-jacksonville-business/) - Jacksonville's fintech sector continues expanding rapidly, with companies handling everything from digital payments to cryptocurrency exchanges. But these innovative financial technologies bring complex legal challenges that can threaten your business assets if handled incorrectly. The regulatory landscape shifts constantly, and one misstep could expose your company to significant liability. Understanding how to protect fintech assets - [Key Differences Between Non-Compete and Non-Solicitation Agreements in Florida](https://brickbusinesslaw.com/blog/key-differences-between-non-compete-and-non-solicitation-agreements-in-florida/) - Businesses must trust their key employees with sensitive information, such as customer lists, pricing information, marketing plans, and trade secrets. Employers may ask workers to enter various kinds of restrictive covenants designed to protect the employer after they disclose critical competitive information to workers, such as non-compete and non-solicitation agreements. But how do non-competes and - [How can a Florida Attorney Guide Tech Startup Governance?](https://brickbusinesslaw.com/blog/how-can-a-florida-attorney-guide-tech-startup-governance/) - Tech startups face a maze of legal complexities that can make or break their future success. From choosing the right corporate structure to navigating securities regulations, founders often discover that legal missteps made early on can cost millions down the road. Smart entrepreneurs recognize that corporate governance isn't just paperwork. It's the foundation that determines - [Independent Contractor or Employee? How Florida Businesses Can Stay Compliant](https://brickbusinesslaw.com/blog/independent-contractor-or-employee-how-florida-businesses-can-stay-compliant/) - Classifying workers correctly as employees or independent contractors ensures that businesses meet their regulatory compliance requirements under state and federal law. - [Employee Privacy and Monitoring Rules Every Florida Employer Should Know](https://brickbusinesslaw.com/blog/employee-privacy-and-monitoring-rules-every-florida-employer-should-know/) - Employers may use various electronic monitoring tools to maintain workplace safety and ensure employees stay focused on work. - [Utilizing Outside General Counsel for Business Growth](https://brickbusinesslaw.com/blog/utilizing-outside-general-counsel-for-business-growth/) - Learn how utilizing outside general counsel helps businesses reduce risk, control costs, handle crises proactively, and support long-term growth. - [How Florida Businesses Can Avoid Liability in Wrongful Termination Claims](https://brickbusinesslaw.com/blog/how-florida-businesses-can-avoid-liability-in-wrongful-termination-claims-2/) - Wrongful termination can pose a significant threat to Florida businesses of all sizes. Even though Florida is generally considered an at-will employment state—employers can terminate an employee for any lawful reason or even no reason—there are critical exceptions that every employer needs to understand. Many employers mistakenly believe that at-will employment shields them completely from - [Independent Contractor or Employee? How Florida Businesses Can Stay Compliant](https://brickbusinesslaw.com/blog/independent-contractor-or-employee-how-florida-businesses-can-stay-compliant-2/) - Classifying workers correctly as employees or independent contractors ensures that businesses meet their regulatory compliance. Call Now for a Free Consult. - [How can a lawyer help implement a Systems-Over-Hustle Model for my Jacksonville business?](https://brickbusinesslaw.com/blog/how-can-a-lawyer-help-implement-a-systems-over-hustle-model-for-my-jacksonville-business/) - Jacksonville businesses are combating a System Over Hustle Model. Call Now for a Free Consultation on how we partner to navigate the potential pitfalls. - [How can a business attorney help me avoid legal pitfalls when selling a hotel in Miami?](https://brickbusinesslaw.com/blog/how-can-a-business-attorney-help-me-avoid-legal-pitfalls-when-selling-a-hotel-in-miami/) - Our business attorney's are well versed in evasive or direct approaches to protecting your interests. Call Now for a Free Consultation and direction on strategy. - [What are the Benefits of Having an Attorney Draft My Asset Purchase Agreement?](https://brickbusinesslaw.com/blog/what-are-the-benefits-of-having-a-miami-attorney-draft-my-asset-purchase-agreement/) - If you have questions our law firm specializes in highly complex cases involving purchase agreements. Call Now for a Free Consultation today. - [How can I Enforce Confidentiality and Trade Secret Protections After an Employee Leaves my Florida company?](https://brickbusinesslaw.com/blog/how-can-i-enforce-confidentiality-and-trade-secret-protections-after-an-employee-leaves-my-florida-company/) - When a valued employee walks out your door for the last time, they take more than just their personal belongings. They carry years of institutional knowledge, client relationships, and potentially your most sensitive business information. For Florida business owners, protecting confidential information and trade secrets after an employee departure requires strategic planning and swift action. - [Business Owner's Council: Legal Issues from Growth to Exit](https://brickbusinesslaw.com/blog/business-growth-exit-strategy/) - Learn how business owners attract aligned investors, increase company value, and plan successful exits with smart legal and strategic planning. - [The Importance of Understanding Contract Clauses for Florida Business Owners](https://brickbusinesslaw.com/blog/florida-business-contract-clauses/) - Learn which contract clauses create risk for Florida business owners, including personal guarantees, non-competes, and unclear language. - [How Legal Strategy Accelerates Business Growth](https://brickbusinesslaw.com/blog/how-legal-strategy-accelerates-business-growth/) - Most business owners think of lawyers as problem-solvers — the people you call when something has already gone wrong. But for growing Florida companies, the real value of legal strategy isn’t in fighting fires. It’s in building systems that prevent them, clear the path for faster decisions, and increase enterprise value. At Brick Business Law, - [Preparing A Small Business For Recession](https://brickbusinesslaw.com/blog/preparing-a-small-business-for-recession/) - Higher costs, political turmoil and supply chain snafus are taking a toll on small businesses. Here's how to reduce risks and protect your business. Contact Brick Business Law today. - [Frequently Asked Questions About Stock Compensation in Private Companies](https://brickbusinesslaw.com/blog/stock-compensation-private-companies-faqs/) - In today's tough job market, companies are constantly looking for new ways to attract and retain top talent. - [Forming a Corporation for Family-Owned Properties](https://brickbusinesslaw.com/blog/should-siblings-incorporate-family-properties/) - When siblings decide to manage multiple family-owned properties, forming a corporation can be a smart move. - [How to Protect Your Florida Family Business from Spousal Interference](https://brickbusinesslaw.com/blog/protecting-florida-family-business-spousal-interference/) - Starting a family business in Florida is exciting, but protecting it from possible meddling by your siblings' spouses is vital. - [The Importance of Advanced Notice When Terminating Employees](https://brickbusinesslaw.com/blog/advanced-notice-terminating-employees-florida/) - Florida is an employment-at-will state. This means either an employer or an employee can end the working relationship at any time, with or without cause or advanced notice. - [How Employers Can Balance Immigration Laws and Anti-Discrimination Policies](https://brickbusinesslaw.com/blog/avoiding-discrimination-amid-immigration-eos/) - New immigration executive orders (EOs) have created significant difficulties for employers. - [What should you look for in an escrow contract?](https://brickbusinesslaw.com/blog/what-should-you-look-for-in-an-escrow-contract/) - Learn key elements of an escrow contract, including roles, conditions, and timelines, to ensure secure and transparent transactions. - [How to Protect Your Business from Cybersecurity Threats and Data Breaches](https://brickbusinesslaw.com/blog/protecting-your-business-from-cybersecurity-breaches/) - As technology evolves, so do the tactics of cybercriminals, making it even more important then ever for businesses to stay ahead of potential threats. Data breaches can lead to significant financial losses and damage to a company’s reputation. - [Understanding relevant laws in workplace investigations](https://brickbusinesslaw.com/blog/understanding-relevant-laws-in-workplace-investigations/) - ​Brick Business Law's guide on Florida workplace investigations outlines legal requirements and best practices for conducting compliant and effective internal investigations. - [Brick Business Law, P.A., honored in the 2023 Seminole 100](https://brickbusinesslaw.com/blog/brick-business-law-p-a-honored-in-the-2023-seminole-100/) - FOR IMMEDIATE RELEASE November, 17, 2022 TALLAHASSEE, Fla. – Brick Business Law, P.A., based in Tampa, Florida, has been named as one the fastest-growing companies owned or led by Florida State University alumni. The firm will be honored during the 6th annual Seminole 100 Celebration on Saturday, February 25, at the university’s Student Union ballrooms. - [Types of business licenses in Florida](https://brickbusinesslaw.com/blog/types-of-business-licenses-in-florida/) - Opening up a new business can be very exciting. However, it is important not to get carried away with excitement and forget key legal requirements. Depending on the nature of the business, you may require a license. City, county and state levels may have various special requirements. Outlined below are three types of business licenses - [Brick Business Law Achieves Top Ranking as Best Place to Work in Tampa Bay](https://brickbusinesslaw.com/blog/brick-business-law-achieves-top-ranking-as-best-place-to-work-in-tampa-bay/) - Brick Business Law, P.A., has been recognized as the number two “Best Place to Work” in Tampa Bay for small businesses by the Tampa Bay Business Journal. This accolade marks the third consecutive year the firm has been ranked in the top 10, showing a consistent climb from 6th in 2022 to 3rd in 2023, - [Brick Business Law Welcomes Associate Attorney Richard Perez](https://brickbusinesslaw.com/blog/brick-business-law-welcomes-associate-attorney-richard-perez/) - Brick Business Law, P.A. is pleased to announce that Richard Perez, Esq. joined the Firm as an Associate Attorney, effective May 6th, 2024. Richard brings experience in litigation, real estate, and corporate law to the Firm and will be working with the Firm’s Tampa practices. Richard’s full biography can be found here. Brick Business Law focuses - [Exit Planning for Florida Business Owners](https://brickbusinesslaw.com/blog/exit-planning-for-florida-business-owners/) - Owners of small- and medium-sized Florida businesses may need or wish to step away from their businesses for various reasons, including retirement, health issues, incapacity, or a desire to pursue other business ideas or opportunities. If you’re looking to move away from your business, a comprehensive exit plan can go a long way toward supporting - [Protecting Your Business and Your Team: Employment Law Essentials for Florida Business Owners](https://brickbusinesslaw.com/blog/florida-employment-law-essentials/) - Florida attorney Kevin Brick shares key employment law insights for business owners — from misclassification and non-competes to compliance and dispute prevention. - [Common Employment Law Mistakes That Expose Florida Businesses to Litigation](https://brickbusinesslaw.com/blog/common-employment-law-mistakes-that-expose-florida-businesses-to-litigation/) - Companies that hire employees have various legal compliance obligations under employment law. However, Florida businesses may make critical mistakes under state and federal employment laws that can expose the company to catastrophic litigation from prospective, current, or former employees. Here are some of the most common kinds of employment law claims Florida employers can face. - [5 Common Breach of Contract Scenarios and How to Respond](https://brickbusinesslaw.com/blog/5-common-breach-of-contract-scenarios-and-how-to-respond/) - In business, parties may enter a commercial relationship under a contract that governs the parties’ respective rights and obligations. However, parties can breach contractual agreements in various ways – below are five of the most common. Knowing how to address a breach of contract can help you protect your financial and legal interests. Scenario 1: - [Does my business need an employee handbook?](https://brickbusinesslaw.com/blog/does-my-business-need-an-employee-handbook-2/) - The success of your company likely depends on your employees. Ideally, you want to instill your core business ethics, objectives and rules into each worker. You can do this orally, but it is much better to have everything in writing. Why your business should have an employee handbook An employee handbook is a written legal document that - [Brick Business Law Named “Best Places To Work 2022”](https://brickbusinesslaw.com/blog/brick-business-law-named-best-places-to-work-2022/) - “From all of us at TBBJ, we’d like to offer our most sincere congratulations on being named a 2022 Best Places to Work. You’ve worked hard to create an outstanding culture that places employee well-being as the highest priority and continued to do so in one of the most challenging years in modern history.” Wrote Ian Anderson, Market President and Publisher - [Brick Business Law Wins Contempt and Sanctions Motion for Final Judgment in Products Liability Case](https://brickbusinesslaw.com/blog/litigation-update-brick-business-law-wins-contempt-and-sanctions-motion-for-final-judgment-in-products-liability-case/) - In the case of Mandarelli, et al v. Power Line Industries, Inc., filed in the Circuit Court of Hillsborough County, Brick Business Law filed and won a motion for contempt and sanctions resulting in a rare final judgment sanction in the case. The Plaintiffs sued Brick’s client under a number of theories of liability such as - [Legal Solutions For When Commissions And Bonuses Are Not Paid As Promised](https://brickbusinesslaw.com/blog/unpaid-commission-bonuses-attorney/) - Just as wait staff in restaurants often depend on tips to make living wages, so, too, do many high-end professionals rely on commissions and bonuses as rewards for their services. Industries in which commissions and bonuses are common include corporate sales, financial brokerages, Fortune 500 companies, financial services, and real estate sales. If you were - [Executing a Levy against Property to Enforce a Judgment](https://brickbusinesslaw.com/blog/executing-a-levy-against-property-to-enforce-a-judgment/) - While litigating and receiving a judgment is the first step to rectifying wrongs that have occurred to you or your business, it is not always the end of the road. If you are successful in litigation, the court may award you financial damages, and the issue then becomes making sure you are paid. To ensure - [Florida’s Common Wage and Hour Disputes](https://brickbusinesslaw.com/blog/floridas-common-wage-and-hour-disputes/) - Disputes Over Pay Stubs Employee compensation, especially hourly pay, should always be a straightforward matter. Florida and federal law demand that people receive pay for their work hours. However, issues with this simple fact are often the basis for many legal problems. At Brick Business Law, P.A. attorney Kevin Zwetsch has spent his career offering efficient, effective legal - [When Business Partnerships Break Down: How to Protect Your Company Before Conflict Hits](https://brickbusinesslaw.com/blog/partnership-breakdown-protection/) - Discover how to protect your business from partnership disputes. Florida attorney Kevin Brick shares legal steps to prevent conflict and safeguard your company. - [Liability of the owner of a single-person-owned business entity](https://brickbusinesslaw.com/blog/liability-of-the-owner-of-a-single-person-owned-business-entity/) - Business ownership is often shared, but this isn’t always the case — especially when an entrepreneur has a distinctly unique vision. There are occasions when a formal business structure, such as a Limited Liability Company (LLC), is owned by one individual. Simply setting up a formal business structure is often enough to provide liability protection for - [Tactics for improving your business’s accounts receivable](https://brickbusinesslaw.com/blog/tactics-for-improving-your-businesss-accounts-receivable/) - Operating a successful business requires constant adjustments to how it operates. During times when an economic downturn seems likely, appropriate changes to company operations can help the business weather the upcoming financial storm. Accounts receivable or unpaid invoices for goods and services already provided can diminish a company’s capital and leave it financially overextended. What - [Brick Business Law Named “Best Places To Work 2024”](https://brickbusinesslaw.com/blog/brick-business-law-named-best-places-to-work-2024/) - Brick Business Law, P.A. was one of 60 businesses named to the 2024 list of Best Places to Work for the third year in a row. The firm will be honored on May 2nd at Raymond James Stadium at Tampa’s largest company picnic. The firm was ranked 6th in 2022 and 3rd in 2023 as - [Can A Florida Business Raise Its Prices During a State of Emergency?](https://brickbusinesslaw.com/blog/can-a-florida-business-raise-its-prices-during-a-state-of-emergency/) - Today I was contacted by an investigative reporter wanting to interview me about businesses that are charging Covid-19 surcharges and increasing fees for providing services. The reporter wanted to know (1) if this is something to be expected, (2) if this is legal, and (3) what can affect (a) consumers or (b) businesses do about - [Business law and accounting: Shareholder derivative lawsuits](https://brickbusinesslaw.com/blog/business-law-and-accounting-shareholder-derivative-lawsuits/) - The structure of corporations can be complex, particularly when the business is significant in scale. There may be several key shareholders who own a stake in the company. However, not all shareholders are necessarily involved in the day-to-day decision making of the enterprise. What is a shareholder derivative lawsuit? When the business is profitable and - [An employment lawyer can help prevent wage and hour disputes](https://brickbusinesslaw.com/blog/an-employment-lawyer-can-help-prevent-wage-and-hour-disputes/) - As a business owner, you are responsible for overseeing several moving parts. You’ll have to ensure that the business remains profitable, that you clients are happy and that your employment policies are lawful. All of this is a daunting task to take on your own, which is why having an employment lawyer is beneficial. One - [How Can I Protect My Business From Cybersecurity and Data Breaches?](https://brickbusinesslaw.com/blog/how-can-i-protect-my-business-from-cybersecurity-and-data-breaches/) - As technology evolves, so do the tactics of cybercriminals, making it even more important than ever for businesses to stay ahead of potential threats. Data breaches can lead to significant financial losses and damage to a company’s reputation. Whether a tech startup or an established financial institution, the impacts can be severe. Risks can include: - [Lawsuits That Kill Legacies: How to Protect Your Business Before and After a Sale](https://brickbusinesslaw.com/blog/lawsuits-that-kill-legacies-business-sale-protection/) - Learn how pending lawsuits can derail a business sale and how you can protect your legacy. Kevin Brick shares best practices on litigation risk, deal terms, and asset protection before and after a transaction. - [Harassment in Remote Work Environments: What Employers Need to Know](https://brickbusinesslaw.com/blog/harassment-in-remote-work-environments-what-employers-need-to-know/) - Since the pandemic, many workplaces have shifted to a fully remote environment, where employees rarely, if ever, come to the office, or where teams have members distributed across the country. Employers may assume that allowing workers to work from home can help prevent circumstances that lead to employee harassment. However, workplace harassment can also occur - [Inside an Employment Lawsuit: What Employers Can Expect](https://brickbusinesslaw.com/blog/inside-an-employment-lawsuit-what-employers-can-expect/) - Has an employee or prospective employee accused you of violating state or federal employment law? If so, you might find yourself the target of employment-based litigation. Here’s what you can expect during the process, so that you can prepare a stronger defense to the allegations against you. The Complaint and Initial Response The first stage - [Can You Sue for Breach of Contract Without a Written Agreement?](https://brickbusinesslaw.com/blog/can-you-sue-for-breach-of-contract-without-a-written-agreement/) - Contracts are legally binding documents that spell out each party’s obligations to the other signatories. If one party violates the terms of the contract, other parties can sue them for breach of contract. However, if you do not have a written agreement to govern your relationship with a counterparty, you might be wondering if you - [Understanding IP Litigation Timelines for Business Owners](https://brickbusinesslaw.com/blog/business-owners-guide-ip-litigation-timelines/) - It can be infuriating when you discover someone has copied your product design, used your trademark or mimicked your proprietary software. - [Due Diligence Legal and Employment Audit](https://brickbusinesslaw.com/blog/due-diligence-legal-and-employment-audit/) - Executive Summary: The Firm completed its review of the Attachments as per Section VI pursuant to the methodology set forth in Section IV(b) and subject to the limitations, scope and purposes set forth in Section IV(a). The Firm made the factual determinations and assumptions set out in Section III. Upon completion of its review, the Firm has - [How to facilitate legal and ethical layoffs](https://brickbusinesslaw.com/blog/how-to-facilitate-legal-and-ethical-layoffs/) - There has been an uptick in layoffs over recent years, both in the federal and private sectors. - [Am I Liable for Employee Misclassification by Previous Owners?](https://brickbusinesslaw.com/blog/am-i-liable-for-employee-misclassification-by-previous-owners/) - Buying a business brings excitement and new opportunities. But it can come with hidden challenges. - [How to reduce the risk of shareholder disputes](https://brickbusinesslaw.com/blog/how-to-reduce-the-risk-of-shareholder-disputes/) - Starting your own business can be exciting and fulfilling, but it’s not always easy. One of the biggest obstacles you might face is disagreements with the people who invest in your company. - [Ensuring Employee Rights During Relocation in Florida](https://brickbusinesslaw.com/blog/ensuring-employee-rights-during-relocation-florida/) - Relocating employees can be a complicated task. - [Conducting Workplace Investigations in Florida](https://brickbusinesslaw.com/blog/florida-workplace-investigations-legal-guide/) - If you run a business in Florida, you must know how to handle workplace investigations effectively. - [Understanding Escrow Contracts](https://brickbusinesslaw.com/blog/what-to-look-for-in-escrow-contract/) - An escrow contract can help protect your rights and investments when entering any significant sale or deal. - [What do I need to do to contest a will in Florida?](https://brickbusinesslaw.com/blog/what-do-i-need-to-do-to-contest-a-will-in-florida/) - A dispute over a loved one’s estate needs sensitive handling and experienced representation. There can be a lot of personal feelings involved as well as large sums of money. The important thing is to uphold the deceased’s wishes fairly and transparently to allow grieving family members to get on with their life as soon as - [Why does my LLC need an Operating Agreement?](https://brickbusinesslaw.com/blog/why-does-my-llc-need-an-operating-agreement/) - As a business owner, you have numerous options in terms of the structure your company takes. One of the most popular choices is to form a Limited Liability Company (LLC). The most important aspect of setting up an LLC is the documentation. An operating agreement is a legal contract that outlines the structure of the corporation. - [Can my business sue someone for fraud?](https://brickbusinesslaw.com/blog/can-my-business-sue-someone-for-fraud/) - As a business owner, you pride yourself on acting with integrity. In an ideal world, your customers, clients, vendors, contractors and employees would act in the same way. Unfortunately, you cannot control how others conduct themselves, and people may act fraudulently. In a nutshell, fraud involves deception that results in some sort of gain, often a - [How is a commercial lease different from a residential lease?](https://brickbusinesslaw.com/blog/how-is-a-commercial-lease-different-from-a-residential-lease/) - If you are taking out a commercial lease for the first time, it is crucial to understand that they differ considerably from residential ones. Here are some of the most notable differences to be aware of: The law gives you less protection There is a certain assumption that, as a business owner, you are savvy - [Building a Strong Legal Foundation for Business Growth](https://brickbusinesslaw.com/blog/business-legal-foundation-growth/) - Discover how a proactive legal strategy can accelerate business growth. Kevin Brick explains how contracts, governance, and compliance strengthen scalability, investor confidence, and company value. - [Key Clauses to Enforce in a Joint Venture Dispute](https://brickbusinesslaw.com/blog/key-clauses-to-enforce-in-a-joint-venture-dispute/) - When your company joins forces with another business for a specific project, you might form a joint venture, governed by a written agreement that outlines your respective rights and obligations. Joint venture agreements will contain multiple critical clauses that protect the parties’ interests and facilitate smooth governance of the joint venture. Here are some key - [Steps to Take When a Vendor Breaches a High-Value Business Contract](https://brickbusinesslaw.com/blog/steps-to-take-when-a-vendor-breaches-a-high-value-business-contract/) - Your business may have critical contracts with certain vendors who provide goods or services without which the company cannot operate. If a vendor breaches a contract vital to your business’s operations, taking prompt action can help protect your company’s financial interests. Here are six steps you should take when one of your company’s vendors breaches - [How Florida Employers Can Address Remote Work Policies in Handbooks](https://brickbusinesslaw.com/blog/how-florida-employers-can-address-remote-work-policies-in-handbooks/) - In recent years, many employees have gravitated towards companies that offer remote work options, favoring the advantages of work-life balance that remote work can offer. Figuring out policies and procedures to provide employees with the option of remote work can involve unique challenges and considerations. Florida employers can work with experienced employment lawyers to determine - [Addressing Sexual Harassment Claims in Florida Workplaces: Employer Best Practices](https://brickbusinesslaw.com/blog/addressing-sexual-harassment-claims-in-florida-workplaces-employer-best-practices/) - What Are the Consequences for Workplace Sexual Harassment? In recent years, courts and the world at large have begun taking sexual harassment in the workplace more seriously. This includes numerous lawsuits and legal actions taken against employers whom employees did not feel took their concerns seriously. As recently as late 2024, the Equal Employment Opportunity - [Navigating Florida’s Trade Secret Laws: Protecting Your Business Information](https://brickbusinesslaw.com/blog/navigating-floridas-trade-secret-laws-protecting-your-business-information/) - Are My Business's Trade Secrets Really Secret? Being a business owner is one of the most rewarding experiences a person can have. Running a company that's yours, creating products or providing services people need or enjoy, and being your own boss is a big part of the American Dream. In some instances, businesses succeed because - [Can Employers in Florida be Held Liable for Discrimination by Customers or Clients?](https://brickbusinesslaw.com/blog/can-employers-in-florida-be-held-liable-for-discrimination-by-customers-or-clients/) - What Laws Must Employers Follow to Prevent and Address Workplace Harassment? There are several state and federal laws in place that protect employees from harassment and can influence your business, such as: Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on race, color, religion, national origin, sex, sexual orientation, - [How Florida Businesses Can Avoid Liability in Wrongful Termination Claims](https://brickbusinesslaw.com/blog/how-florida-businesses-can-avoid-liability-in-wrongful-termination-claims/) - What is Considered Wrongful Termination in Florida? Florida has no specific state statute that solely relates to wrongful termination. Still, various state and federal laws provide legal foundations upon which the types of conduct or grounds for termination may be considered illegal. For example, the Florida Civil Rights Act prohibits employment discrimination based on various - [Business Acquisitions: When to Sue Over a Failed Deal](https://brickbusinesslaw.com/blog/business-acquisitions-when-to-sue-over-a-failed-deal/) - When Is a Business Acquisition Deal Considered Failed? In the bustling business landscape of Tampa, Florida, acquisitions are a common way for companies to grow and expand. But what happens when a business acquisition deal doesn't go as planned? A deal is generally considered failed when the terms outlined in the acquisition agreement are not - [How can you protect your business from lawsuits?](https://brickbusinesslaw.com/blog/how-can-you-protect-your-business-from-lawsuits/) - Opening a small business is a big step, but the hopes of the company being successful make all the hard work a bit easier. As the business grows, you’ll start to see the fruits of your efforts. The last thing you want at that point is to find out that it’s all at risk because - [Buying a Business Brings Excitement and New Opportunities, But It Can Come With Hidden Challenges](https://brickbusinesslaw.com/blog/buying-a-business-brings-excitement-and-new-opportunities-but-it-can-come-with-hidden-challenges/) - Some business owners discover employee misclassification or wage disputes made by the previous owner only after the sale. These mistakes can lead to significant financial penalties and legal complications. Who is responsible for past classification errors? Successor liability affects your business’s financial future. When you purchase a business, you acquire not just its assets. You get - [Florida's Non-Compete Agreement Laws: What Tampa Employers and Employees Should Know](https://brickbusinesslaw.com/blog/floridas-non-compete-agreement-laws-what-tampa-employers-and-employees-should-know/) - Non-compete agreements are a hot topic in Florida’s business world. These contracts affect employers and employees in the Tampa area and the state. Understanding Florida’s non-compete laws, how they impact workplace relationships and recent developments that may change the landscape is crucial for everybody. What is a non-compete agreement in Florida? A non-compete agreement, or - [Should you choose FINRA or Florida courts to settle employment issues?](https://brickbusinesslaw.com/blog/should-you-choose-finra-or-florida-courts-to-settle-employment-issues/) - Workplace disputes can make or break careers and companies in Tampa’s bustling financial sector. The choice between Financial Industry Regulatory Authority (FINRA) arbitration and Florida courts isn’t just a legal decision. It’s a strategic move that can shape the outcome of your case and your future in the industry. When employment conflicts arise, both employees - [Why businesses need to budget for legal fees](https://brickbusinesslaw.com/blog/why-businesses-need-to-budget-for-legal-fees/) - Have you ever thought about what might happen if your business suddenly had to duel in a legal arena? Imagine standing in a coliseum without a shield or sword, just your wits to keep you safe. That’s the equivalent of facing legal challenges without a budget for legal fees. Now, let’s gear up and get - [Are You Making These Wage and Hour Mistakes?](https://brickbusinesslaw.com/blog/are-you-making-these-wage-and-hour-mistakes/) - Keeping up with wage and hour laws is a critical task for ensuring a fair and compliant workplace. However, with complex regulations and frequent updates, it is easy for businesses to make mistakes that can lead to costly consequences. Let us look at some common wage and hour errors businesses make. Misclassification of employees A - [How can small and medium businesses resolve trademark disputes?](https://brickbusinesslaw.com/blog/how-can-small-and-medium-businesses-resolve-trademark-disputes/) - In the vibrant business landscape of Florida, trademark disputes can arise when least expected. Small and medium businesses often find these conflicts overwhelming and confusing. However, understanding how to address them effectively can turn a potential crisis into an opportunity for growth. Understanding the nature of trademark disputes Trademark disputes typically occur when two parties claim - [The impact of third-party litigation funding on businesses](https://brickbusinesslaw.com/blog/the-impact-of-third-party-litigation-funding-on-businesses/) - Third-party lawsuit funding (TPLF) is changing how business litigation works worldwide. This way of paying for lawsuits, where someone else gives money to a person suing in exchange for part of the possible win, is becoming more common. Here’s how TPLF affects businesses in Florida. Financial impacts on businesses TPLF can significantly affect a business’s - [Protecting your business relationships from tortious interference](https://brickbusinesslaw.com/blog/protecting-your-business-relationships-from-tortious-interference/) - Imagine you just got a big contract with a new client, and all seems well. Suddenly, a rival spreads lies and misinformation and causes your client to break the deal. Sadly, this happens often and shows the problem of tortious interference. Florida’s demanding business world requires you to watch for tortious interference. Tortious interference occurs when - [Strategies to avoid breach of contract](https://brickbusinesslaw.com/blog/strategies-to-avoid-breach-of-contract/) - Breach of contract can create significant legal and financial problems for your business. Minimizing risks in contracts and resolving business disputes requires careful planning and attention to detail. Review contracts carefully Before signing any contract, take the time to review all terms and conditions. Read through each clause and assess the responsibilities of each party. Pay attention - [What you should know about executive compensation in Florida](https://brickbusinesslaw.com/blog/what-you-should-know-about-executive-compensation-in-florida/) - Executive compensation is crucial for attracting and keeping top talent in Florida’s competitive business world. As an employer, understanding the legal details of these agreements is vital. Here are key points to consider when crafting effective and legal executive compensation packages. Finding the right balance When designing executive pay, it is important to strike a - [Business Transactions: The Consequences of Improper Documentation](https://brickbusinesslaw.com/blog/business-transactions-the-consequences-of-improper-documentation/) - Documenting a business transaction is part of due diligence, regardless of what kind of transaction it is. Big or small, any business deal must be properly recorded to make sure you cover all your bases. However, mistakes can still happen. Perhaps lack of training, time constraints or inadequate systems led to improper documentation. Whatever the - [Changing Your Business Entity: What to Know](https://brickbusinesslaw.com/blog/changing-your-business-entity-what-to-know/) - Like many other aspects of life, businesses are not static. Businesses evolve and grow, decreasing in size in some cases. What this means is that your initial choice of business entity may no longer be suitable. Changing your business entity may be a necessary step toward achieving your long-term goals. Here are some important points to - [Florida’s Statute of Limitations for Business Litigation: What You Need to Know](https://brickbusinesslaw.com/blog/floridas-statute-of-limitations-for-business-litigation-what-you-need-to-know/) - The law provides statutes of limitations for bringing all types of civil actions, from breach of contract to personal injury cases. Statutes of limitations are timeframes in which a plaintiff must act if they want to seek compensation or other resolution. The idea behind statute of limitation laws is that a party that believes they’ve - [Why the end of the year is a great time for business mediation](https://brickbusinesslaw.com/blog/why-the-end-of-the-year-is-a-great-time-for-business-mediation/) - As the year winds down, businesses everywhere are focused on tying up loose ends, reviewing budgets, and planning for what’s ahead. If your company is dealing with unresolved legal disputes, now might be the perfect time to consider mediation. Mediation offers a faster, more cost-effective, and less adversarial way to resolve conflicts (whether they’re employment disputes - [Demystifying indemnification clauses in purchase agreements](https://brickbusinesslaw.com/blog/demystifying-indemnification-clauses-in-purchase-agreements/) - n indemnification clause is a part of a contract where the seller agrees to pay for certain losses or damages that the buyer might experience after they close on the sale of a business. It’s a type of insurance that guarantees the buyer won’t be responsible for problems that existed before they bought the business. These clauses - [How to efficiently handle disputes between your employees](https://brickbusinesslaw.com/blog/how-to-efficiently-handle-disputes-between-your-employees/) - Handling issues between the business and employees is one thing, but disputes between the employees themselves can open a whole other world of challenges. Minor incidents are manageable with proper disciplinary actions. But what do you do when these conflicts lead to significant risks for your business? Gather information and find out the root cause - [Texas Federal Court Struck Down New DOL Minimum Salary Raise](https://brickbusinesslaw.com/blog/texas-federal-court-struck-down-new-dol-minimum-salary-raise/) - CLIENT ALERT: On November 15, 2024, a Texas federal court struck down the U.S. Department of Labor’s (DOL) new rule that substantially raised the minimum salary amount for employers to claim the Fair Labor Standards Act’s (FLSA) executive, administrative, and professional (EAP) overtime exemptions. The court found that the rule exceeded the DOL’s authority. The ruling - [Examples of reasonable work accommodations](https://brickbusinesslaw.com/blog/examples-of-reasonable-work-accommodations/) - Employees with disabilities are entitled to request reasonable work accommodations – and, as an employer, you are expected to engage in meaningful attempts to meet those accommodations. Accommodations for disabilities can take several forms, and a business that is subject to the Americans With Disabilities Act (ADA) can only refuse accommodations if making them would - [Important documents for your HR department](https://brickbusinesslaw.com/blog/important-documents-for-your-hr-department/) - Mid to large-sized companies are made up of a lot of people. It’s important that businesses can manage all of these people – and this is where the Human Resources (HR) department comes in. HR has numerous responsibilities such as recruitment, training and development, investigating disciplinary incidents and much more. It is essential that HR - [Top challenges Florida businesses faced in 2024](https://brickbusinesslaw.com/blog/top-challenges-florida-businesses-faced-in-2024/) - Business owners in Florida face many of the same challenges as their counterparts across the U.S. do. About a quarter of small business owners in the state reported this year that inflation is their biggest problem. It affects the cost of the materials and products they buy – and therefore the cost of the products - [Will pay cuts lead to discrimination complaints?](https://brickbusinesslaw.com/blog/will-pay-cuts-lead-to-discrimination-complaints/) - As an employer, you control how much your employees earn. Many employees expect to see pay raises and promotions the longer they stay with the company. However, you are not obligated to offer raises, and you may even find yourself in a position where you need to implement pay cuts. For instance, if the economy - [Implementing an effective anti-discrimination policy](https://brickbusinesslaw.com/blog/implementing-an-effective-anti-discrimination-policy/) - Most businesses take note of the advantages that come from diversity in their workforce – but discrimination inside a company can sometimes be hard to combat. Discrimination based on protected characteristics such as race, religion or disability (among other things) is unlawful not only in Florida but on a federal level. One thing that your - [Florida AG targets Starbucks’ DEI goals for investigation](https://brickbusinesslaw.com/blog/florida-ag-targets-starbucks-dei-goals-for-investigation/) - Many people, including business owners, consider diversity, equity and inclusion a good thing in the workplace. However, DEI, which stands for diversity, equity, and inclusion, has become a politically charged acronym for those who say it values hiring and promoting underrepresented people rather than looking purely at qualifications for the job. Here in Florida, state - [How to choose a partnership structure suited for your business](https://brickbusinesslaw.com/blog/how-to-choose-a-partnership-structure-suited-for-your-business/) - Launching a business with partners can be as exhilarating as it is daunting. Pair that excitement with smart planning. One of the first things you’ll need to figure out is the best legal structure for your partnership. It’s a choice that can impact everything from your tax obligation to your personal liability and even how - [What is a “Fictitious Name” or a D/B/A?](https://brickbusinesslaw.com/blog/what-is-a-fictitious-name-or-a-d-b-a/) - Many of the most popular businesses, whether locally or throughout the country, operate under a “dba” or a “fictitious name.” While the concept may sound confusing at first, it is actually very simple. DBA is short for “Doing Business As” and is synonymous with a fictitious name. All a DBA, or a fictitious name, means - [Why keeping employee records matters](https://brickbusinesslaw.com/blog/why-keeping-employee-records-matters/) - Managing employees is a fundamental aspect of running a company. Whether you operate a small business or a large corporation, it is important to have records on all of your employees. Why is this so important? Ensuring legal compliance Your company may be subject to audits from government agencies. For example, if you employ immigrant workers on - [How to protect your intellectual property](https://brickbusinesslaw.com/blog/how-to-protect-your-intellectual-property/) - Physical assets are just one part of a business. You likely have several non-physical assets that are crucial to your brand. Elements of your branding are commonly referred to as intellectual property. While you may not be able to hold these assets in your hand, they are still extremely valuable. How do you protect your intellectual - [How do wage and hour disputes arise?](https://brickbusinesslaw.com/blog/how-do-wage-and-hour-disputes-arise/) - Running a profitable company requires making difficult decisions and trying to strike a balance between paying fair wages and balancing the books. Nonetheless, there are legal requirements regarding wages that all employers must follow in Florida. Failing to adhere to the state’s wage requirements can result in wage and hour claims. It is important to - [What are your rights as a whistleblower?](https://brickbusinesslaw.com/blog/what-are-your-rights-as-a-whistleblower/) - Are you concerned about illegal activities or wrongdoing in your workplace? Have you considered reporting these irregularities to the authorities but feared your employer would retaliate against you? Fear not. The United States, the first in the world to enact a law protecting whistleblowers, has a long history with whistleblowing and is considered a pioneer in - [Can I use AI to help with hiring employees for my business?](https://brickbusinesslaw.com/blog/can-i-use-ai-to-help-with-hiring-employees-for-my-business/) - The AI revolution is well and truly underway, and many businesses are taking advantage of this. Recently, AI programs have been developed to help with talent management and recruitment. Nonetheless, AI is not always a quick fix to hiring employees. There are several factors to consider, and there are advantages and drawbacks to using AI. These - [Are public employees in Florida entitled to free speech?](https://brickbusinesslaw.com/blog/are-public-employees-in-florida-entitled-to-free-speech/) - Free speech can be a complex issue when it comes to public employees. These are people who work for government entities. As such, their speech is sometimes connected to these entities or branches of government in a way that it wouldn’t be for other workers. As a result, free speech has been changing over the - [The importance of an employee handbook](https://brickbusinesslaw.com/blog/the-importance-of-an-employee-handbook/) - There are several different ways that you can communicate with employees. You may hold routine meetings and verbally set out your aims and objectives as well as rules and expectations. While many employees will take in information this way, having it in writing can be much more effective. This is where an employee handbook comes - [The pitfalls of using free online template legal forms](https://brickbusinesslaw.com/blog/the-pitfalls-of-using-free-online-template-legal-forms/) - Free online template contracts and agreements might seem like a quick and cost-effective solution for your business needs. However, relying on these generic documents can lead to significant legal issues. Lack of customization Generic contracts often miss important details specific to your business. Florida law demands clear, particular agreements. Without these details, you risk disputes - [The importance of “established terms”](https://brickbusinesslaw.com/blog/the-importance-of-established-terms/) - Contracts govern almost every aspect of business- or at least they should. However, sometimes even experienced business owners come to agreements with employees and clients that are not founded on contracts with “established terms”. Essentially, established terms mean written clauses that give a clear indication of legal rights and obligations. It’s easy to establish informal - [What are clawback provisions in executive compensation?](https://brickbusinesslaw.com/blog/what-are-clawback-provisions-in-executive-compensation/) - Companies typically offer executives high salaries, bonuses and stock options. Companies would insist on a clawback provision in most of these compensation packages. What is it, and why is it essential in executive compensation agreements? What’s a clawback provision? A clawback provision lets a company take back money it already paid to an executive. This - [How to avoid common mistakes in Florida business formation](https://brickbusinesslaw.com/blog/how-to-avoid-common-mistakes-in-florida-business-formation/) - Starting a business is exciting, but it is also a legal minefield. Many entrepreneurs stumble into pitfalls that could have been easily avoided. Let’s explore some common mistakes and how to steer clear of them. Mistake 1: Choosing the wrong business structure One of the first decisions you will make is choosing your business structure. Will - [What is the Independent Tort Doctrine?](https://brickbusinesslaw.com/blog/what-is-the-independent-tort-doctrine/) - Contracts are an effective way to ensure that parties to them adhere to their legal responsibilities. In turn, the contract provides both parties with legal rights and potential remedies should a breach occur. Nonetheless, there are several ways to lodge a legal claim, and the law of tort is one potential avenue. Tort law aims - [Common FINRA violations and how to avoid them](https://brickbusinesslaw.com/blog/common-finra-violations-and-how-to-avoid-them/) - The Financial Industry Regulatory Authority (FINRA) regulates the securities industry and ensures that member brokerages and financial professionals operate fairly and honestly. To protect your reputation and your client’s interests, you must comply with FINRA regulations. Here are seven typical FINRA violations and how to avoid them: Failing to disclose important information: Always be transparent with your - [Debunking 3 common myths about intellectual property infringement](https://brickbusinesslaw.com/blog/debunking-3-common-myths-about-intellectual-property-infringement/) - From copyrights and trademarks to patents and trade secrets, intellectual property (IP) forms the backbone of many businesses and creative endeavors. When another person or business makes or uses these assets, it can constitute infringement and potentially harm the rightful owner’s interests. While laws like Florida’s Uniform Trade Secrets Act offer protection, myths about IP - [Retail employees on commission may be exempt from overtime](https://brickbusinesslaw.com/blog/retail-employees-on-commission-may-be-exempt-from-overtime/) - Full-time employees in Florida typically work around 40 hours per week. They do this at an agreed rate, at least equivalent to the minimum wage. However, the majority of workers are also entitled to overtime pay when exceeding 40 hours per week. The overtime rate should be 1.5 times their regular pay. Nonetheless, there are some - [What is a fiduciary duty?](https://brickbusinesslaw.com/blog/what-is-a-fiduciary-duty/) - Fiduciary duty is a legal term connecting two entities, often organizations and individuals. The individual may have a fiduciary duty to act in the best interests of someone else. The other entity may be the organization itself or the shareholders in general. As such, this duty can be applied to limited liability companies (LLCs), partnerships, - [The dangers of job postings for employers](https://brickbusinesslaw.com/blog/the-dangers-of-job-postings-for-employers/) - Job postings have changed a lot over time. With increased awareness of diversity and the need to avoid discriminating against people, employers must take more care than ever when seeking to fill vacant posts. Things that might once have been seen as normal could now land them in hot water as well as discourage some - [The law in Florida prevents deceptive trading practices](https://brickbusinesslaw.com/blog/the-law-in-florida-prevents-deceptive-trading-practices/) - All businesses sell either goods or services. The majority of companies also deal with other businesses, such as suppliers, to continue running efficiently. Businesses have to trade fairly. A company cannot employ deceptive practices that deceive customers. The law in this area is governed by the Florida Deceptive & Unfair Trade Practices Act (FDUTPA). What is deceptive and - [When partnership agreements go wrong](https://brickbusinesslaw.com/blog/when-joint-ventures-go-wrong/) - When two or more companies have similar goals and objectives, rather than competing with one another, they can combine forces and achieve those goals together. In business, this is referred to as a partnership agreement. Partnership agreements can be beneficial as companies can pool resources and talent to achieve mutual goals. Objectives can be reached - [Can having an on-site counselor help your business?](https://brickbusinesslaw.com/blog/can-having-an-on-site-counselor-help-your-business/) - Thankfully, the negative stigma around mental health issues has started to shift in recent decades. Mental health issues are something that both business owners and employees can face at times. While new business owners don’t tend to employ an on-site counselor at the top of their list, it is becoming more common. Many established companies - [Potential benefits of a business merger](https://brickbusinesslaw.com/blog/potential-benefits-of-a-business-merger/) - The corporate world is notoriously competitive and business owners have to work hard to gain an advantage. Few markets are untapped, which means there is a constant battle with rivals. Nonetheless, companies do not always have to be adversaries. Rather, they can merge together and form a new, bigger and better entity. Corporate mergers are - [The fiduciary duties of business partners](https://brickbusinesslaw.com/blog/the-fiduciary-duties-of-business-partners/) - A business partnership can be a fruitful relationship. Partners who are on the same page can jointly tackle finding new customers and keeping existing ones. The legal and financial responsibilities of the company can also be shared. Business partners have fiduciary duties. While these vary, they all have a familiar theme- the best interests of - [A guide to the Family and Medical Leave Act in Florida](https://brickbusinesslaw.com/blog/a-guide-to-the-family-and-medical-leave-act-in-florida/) - The Family and Medical Leave Act (FMLA) provides essential protections for both employees and employers in Florida. Understanding your rights and responsibilities under this federal law can help you comply effectively. For employees Florida workers can get up to 12 weeks of leave a year for specific family or health issues. You must have worked for your - [Landlord’s Options When Upon Breach of Early Termination of Commercial Lease by Tenant](https://brickbusinesslaw.com/blog/landlords-options-when-upon-breach-of-early-termination-of-commercial-lease-by-tenant/) - As a landlord, it is possible for a tenant to breach a commercial lease in a variety of ways. For instance, it can occur by the tenant failing to make rent payments or by failing to meet certain covenants contained in the lease. Ultimately, the lease will be the controlling document, and it will dictate - [Federal Court Blocks Ftc’s Nationwide Rule Banning Non-competes](https://brickbusinesslaw.com/blog/federal-court-blocks-ftcs-nationwide-rule-banning-non-competes/) - On August 20, 2024, the U.S. District Court for the Northern District of Texas halted the Federal Trade Commission’s (FTC) final rule prohibiting non-competition clauses with workers. The court entered a final judgment that the FTC’s rule could not be enforced or otherwise take effect on a nationwide basis. The court found that in issuing - [What are the cons of entering a joint venture?](https://brickbusinesslaw.com/blog/what-are-the-cons-of-entering-a-joint-venture/) - Starting a joint venture can be an exciting step for any entrepreneur. It’s a way to combine resources, expertise and networks to complete complicated initiatives. However, like any major business decision, this step comes with challenges and risks. This blog underscores the potential downsides of entering a joint venture. After reading, you can develop strategies - [Supplemental Contracts: Essential Steps Often Overlooked by Business Owners](https://brickbusinesslaw.com/blog/supplemental-contracts-essential-steps-often-overlooked-by-business-owners/) - Starting a new business is an exciting journey, marked by milestones like registering your business, securing a location, and organizing your inventory and equipment. However, many business owners overlook important supplemental contracts that can prevent future headaches and ensure smooth operations. Here’s a guide to key supplemental contracts that are often neglected but are crucial - [How to Handle a Demand Letter](https://brickbusinesslaw.com/blog/how-to-handle-a-demand-letter/) - Receiving a demand letter can be a daunting experience, especially if it comes on a law firm’s letterhead. These letters are often drafted by attorneys with the intent to prompt action by threatening potential legal action. Whether the letter claims that you owe money or alleges that you have wronged another party, it’s important to - [Family-Owned & Operated Businesses: The Benefits and Challenges](https://brickbusinesslaw.com/blog/family-owned-operated-businesses-the-benefits-and-challenges/) - In the United States, around one-third of small businesses (https://www.thebalancemoney.com/should-you-start-a-business-with-family-4091927) are family-owned and operated. Family-owned businesses often thrive due to shared values, trust, and mutual goals among family members. However, running a family business comes with unique challenges that can affect both business success and family relationships. We will explore the benefits and potential pitfalls - [Can I fire an at-will employee in Florida?](https://brickbusinesslaw.com/blog/can-i-fire-an-at-will-employee-in-florida/) - As a business owner, your employees are integral to operations. However, the reality is that most employees don’t stick around forever, and every company has some sort of staff turnover. Florida operates based on at-will employment. This means that employers can terminate employees at any time without reason or notice. This law also gives employees - [What is the difference between a member-managed and a manager-managed LLC?](https://brickbusinesslaw.com/blog/what-is-the-difference-between-a-member-managed-and-a-manager-managed-llc/) - When forming a new company, choosing the right structure is a key decision. One popular choice is a Limited Liability Company (LLC). Nonetheless, there are also variations within the LLC structure. For example, it can be member-managed or manager-managed. A member-managed LLC is run by the owners, whereas a manager-managed LLC is run by managers that the - [What does Florida’s new judgment lien rule mean?](https://brickbusinesslaw.com/blog/what-does-floridas-new-judgment-lien-rule-mean/) - If someone owes you or your business money, one of your options is to file a civil lawsuit against them. If you are successful, then the court will order them to pay the outstanding amount and possibly damages. Nonetheless, winning a civil suit is only one part of collecting the judgment. Often, obtaining the money - [Federal Contractors: Mandatory Affirmative Action Program Certification by July 1, 2024](https://brickbusinesslaw.com/blog/federal-contractors-mandatory-affirmative-action-program-certification-by-july-1-2024/) - Federal contractors must certify their compliance with Affirmative Action Program (AAP) requirements through the Office of Federal Contract Compliance Programs’ (OFCCP) Contractor Portal by July 1, 2024. This mandate applies to covered federal contractors and subcontractors, requiring them to demonstrate the development and management of an AAP for each business and/or functional unit. Key Compliance - [What do I need to prove to get injunctive relief in Florida?](https://brickbusinesslaw.com/blog/what-do-i-need-to-prove-to-get-injunctive-relief-in-florida/) - In business, the reality is that breaches of contract will occur at times. The nature and severity of these breaches can differ, and so too can the potential remedies offered by the court. One option that the courts have is to provide injunctive relief. Essentially, this means preventing the party alleged to be in breach - [Do tipped employees in Florida have a lower minimum wage?](https://brickbusinesslaw.com/blog/do-tipped-employees-in-florida-have-a-lower-minimum-wage/) - Paying wages as a business owner may seem straightforward at first. Nonetheless, many employees are considered to be tipped employees, which makes matters a little more complex. What are tipped employees and do they have a lower minimum wage in Florida? Classifications for tipped employees Florida follows federal laws on the classification of tipped employees. - [Do I need an operating agreement for my Florida LLC?](https://brickbusinesslaw.com/blog/do-i-need-an-operating-agreement-for-my-florida-llc/) - There are many different structures that a business can take. For business owners across Florida, a Limited Liability Company (LLC) is a popular choice. This structure shields owners from personal liability should legal disputes occur. One question that often crops up is whether or not an LLC in Florida requires an operating agreement. An operating agreement is - [How can I remove a default judgment against my business?](https://brickbusinesslaw.com/blog/how-can-i-remove-a-default-judgment-against-my-business/) - Due process is a fundamental aspect of any civil law case. All parties (the plaintiff and defendant) have a right to be heard. This helps the court establish liability and rule in terms of a resolution that makes the plaintiff whole again. Nonetheless, there are time limits on most civil proceedings, and the defendant is - [Are noncompetes still enforceable for senior executives after the FTC’s recent ban?](https://brickbusinesslaw.com/blog/are-noncompetes-still-enforceable-for-senior-executives-after-the-ftcs-recent-ban/) - On April 23, 2024, the ban on noncompete agreements was finalized. The Federal Trade Commission (FTC) finalized this new rule on the basis that noncompete agreements disproportionately restrict workers from finding gainful employment once their current employment period comes to an end. Nonetheless, as with all major changes to the law, there is a transitional - [Employer requirements for anti-harassment policies](https://brickbusinesslaw.com/blog/employer-requirements-for-anti-harassment-policies/) - Once you’ve established your company’s anti-harassment policies, you’ve taken a big step toward protecting your business from unnecessary lawsuits. Next, you have to take the second step and put those anti-harassment policies to effective use. Here are the key steps to take: Publish the policy You want to make very certain that the anti-harassment policies you put into place are - [Can an offer of judgment help me avoid litigation?](https://brickbusinesslaw.com/blog/can-an-offer-of-judgment-help-me-avoid-litigation/) - Civil cases can be complex. Some cases are resolved by a trial in court. This can be a lengthy and expensive process for all parties. Consequently, the vast majority of civil cases end in a settlement. An offer of judgment is a legal tool used in Florida to reach an out-of-court agreement. A formal written proposal An - [Should my business have a joint bank account?](https://brickbusinesslaw.com/blog/should-my-business-have-a-joint-bank-account/) - A business partnership can be a highly beneficial arrangement. Partners can share responsibilities, obligations and pool resources. Many business partners opt to open a shared bank account, accordingly, which may result in numerous benefits. However, there are also potential drawbacks to consider. Should your business have a joint bank account? Consolidating capital One of the key - [EMPLOYER ALERT – DOL Approves Large Increases to “Salary Test” to Qualify for White Collar Overtime Pay Exemptions: Effective July 1, 2024](https://brickbusinesslaw.com/blog/employer-alert-dol-approves-large-increases-to-salary-test-to-qualify-for-white-collar-overtime-pay-exemptions-effective-july-1-2024/) - On April 23, 2024, the U.S. Department of Labor (DOL) introduced a new rule to raise the minimum salary level for employers to claim the white-collar overtime exemptions under the Fair Labor Standards Act (FLSA), beginning July 1, 2024. The new rule (found here) will change which employees must be paid overtime if their salary remains - [FTC Adopts Final Rule Banning Most Employee Non-Competes](https://brickbusinesslaw.com/blog/ftc-adopts-final-rule-banning-most-employee-non-competes/) - On April 23, 2024, the Federal Trade Commission (FTC) adopted a much-awaited final rule that essentially prohibits the use of most employee non-compete restrictions nationwide. The final rule prohibits employers from requiring non-compete restrictions and requires rescinding existing non-compete clauses. There is an exception for existing agreements with senior executives, and for non-competes signed as part of - [Why is keeping employee records so important?](https://brickbusinesslaw.com/blog/why-is-keeping-employee-records-so-important/) - As an employer, one of your most important duties is to look after those who work for you. A company with mutual respect between the employer and employees is a productive company. As with all legal relationships, the relationship between employer and employees should be backed up by contracts. It’s also essential to keep up to - [How do property partition actions in Florida work?](https://brickbusinesslaw.com/blog/how-do-property-partition-actions-in-florida-work/) - Often, business partners co-own commercial real estate. This has numerous advantages, such as being able to spread the cost of investment, maintenance and development. However, when co-owners are not on the same page on these issues, complications can arise. When the co-owners are unable to decide what should be done with their jointly-owned property, a - [How can I collect on an out-of-state judgment in Florida?](https://brickbusinesslaw.com/blog/how-can-i-collect-on-an-out-of-state-judgment-in-florida/) - As a business owner, you may think that you have few options when trying to collect from a debtor who has moved to Florida. If you secured the original judgment in your home state, the debtor may move to Florida to avoid settling their financial obligations. While collecting out-of-state judgments in Florida can be complex, - [The difference between simple contracts and formal contracts](https://brickbusinesslaw.com/blog/the-difference-between-simple-contracts-and-formal-contracts/) - Contracts are the foundation of all business relationships. A contract can be tailored toward serving specific purposes and protecting parties involved in transactions. There are numerous different contract types and potential terms. Some contracts may be simple, while others are formal. What is the difference between simple and formal contracts and which type should your business use? - [Lease agreement considerations for your commercial property](https://brickbusinesslaw.com/blog/lease-agreement-considerations-for-your-commercial-property/) - Investing in commercial real estate can be profitable, especially when you manage to rent it out to good tenants. However, there are numerous factors to consider when doing this, and you’ll want to draw up watertight commercial lease agreements before moving forward, as doing so can help you to safeguard your interests as your situation - [50/50 ownership: How to make the best of a deadlocked situation](https://brickbusinesslaw.com/blog/50-50-ownership-how-to-make-the-best-of-a-deadlocked-situation/) - Many businesses operate as 50/50 partnerships. This means that both business partners have an equal ownership stake in the company, and they make joint decisions involving the business. This arrangement can be extremely beneficial. Nonetheless, a 50/50 business partnership can be problematic when partners disagree on an issue. They may reach a deadlock and may not be - [The problem with broker-generated Asset Purchase Agreements](https://brickbusinesslaw.com/blog/the-problem-with-broker-generated-asset-purchase-agreements/) - When purchasing a company, there are several options that you can take. You may opt to deal directly with the seller and complete the transaction that way. However, in many cases, business purchases are overseen by brokers. Brokers can be convenient as they deal with business sales every day. This means that they use Asset Purchase - [What is needed in a corporate anti-harassment policy?](https://brickbusinesslaw.com/blog/what-is-needed-in-a-corporate-anti-harassment-policy/) - Workplace harassment, which includes unwelcome conduct toward employees based on protected characteristics, is unlawful in Florida. Unfortunately, this type of behavior does take place. People can face harassment because of their race, gender, sexual orientation, age and other protected characteristics. As a business owner, one thing you can do to prevent harassment is draft a - [What are exemptions under the Fair Labor Standards Act?](https://brickbusinesslaw.com/blog/what-are-exemptions-under-the-fair-labor-standards-act/) - As a business owner, one legal aspect that you have to get right is classifying your workers. For the most part, employees are entitled to minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). Nonetheless, there are some exceptions and certain workers may be considered exempt. For an employee to hold exempt - [Employer requirements for leaves of absence and reasonable accommodations](https://brickbusinesslaw.com/blog/employer-requirements-for-leaves-of-absence-and-reasonable-accommodations/) - Employers always have to ensure compliance with state and federal laws related to reasonable accommodations. It’s important to note that work leave is also considered a form of reasonable accommodation. There are three key pieces of federal legislation that deal with work leave and accommodations. These are the Americans with Disabilities Act (ADA), the Family and - [Why does my business need an anti-harassment policy?](https://brickbusinesslaw.com/blog/why-does-my-business-need-an-anti-harassment-policy/) - As an employer, you want to provide your staff with an atmosphere free from harassment. You understand that in a hostile work environment, morale and productivity decline. Unfortunately, not everyone completely understands what harassment is and sees nothing wrong with a few jokes and some teasing. That is why having an anti-harassment policy is crucial. - [Preventing the theft of your trade secrets](https://brickbusinesslaw.com/blog/preventing-the-theft-of-your-trade-secrets/) - A business is far more than bricks and mortar. Companies also have intellectual property, which is highly valuable. One key example of intellectual property is trade secrets. These include unique formulas, methods, technology, programs and data that give a business a competitive advantage. To prevent the theft of trade secrets, there are several steps that a - [What are my rights as a pregnant employee?](https://brickbusinesslaw.com/blog/what-are-my-rights-as-a-pregnant-employee/) - In 2023, the Pregnant Workers Act (PWFA) came into effect. This federal law was designed to coincide with state regulations and enhance the rights of pregnant workers. Unfortunately, pregnancy discrimination can occur and it can have a devastating effect on victims. What rights do pregnant workers have under the PWFA and what are the obligations of employers? - [How to avoid legal issues with your employees](https://brickbusinesslaw.com/blog/how-to-avoid-legal-issues-with-your-employees/) - Being an employer comes with numerous responsibilities. Not only do you have to make sure that the business remains profitable, but you have to ensure that employees are safe, respected and content. Labor laws in Florida outline the legal obligations of both employers and workers. To avoid disputes, it’s important to stick to these. Outlined - [How can employers prevent discrimination claims?](https://brickbusinesslaw.com/blog/how-can-employers-prevent-discrimination-claims/) - Florida employers often face issues that lead to discrimination claims. Discrimination is any form of unequal treatment based on protected characteristics like race, gender, sexual orientation and age. As an employer, what steps can you take to help prevent discrimination within your company? Educate staff A lot of the time, discrimination stems from one staff member - [What are the risks if I own my Florida LLC 100% with no co-owners?](https://brickbusinesslaw.com/blog/what-are-the-risks-if-i-own-my-florida-llc-100-with-no-co-owners/) - A Limited Liability Company (LLC) is one of the most popular business structures. One of the key advantages of this structure is that it shields the owner from being personally liable. In other words, an owner’s personal property can generally be safe should the company face debts or legal challenges. However, there are some exceptions - [What is the difference between a joint venture and co-ownership?](https://brickbusinesslaw.com/blog/what-is-the-difference-between-a-joint-venture-and-co-ownership/) - When entering into a brand new business project, there are numerous options at your disposal. All business projects are risky, and you may want to share this risk with another party. Two possible routes to go down include a joint venture and co-ownership. What is the difference between the two? Joint ventures Joint ventures involve two - [Essential contracts for start-up businesses](https://brickbusinesslaw.com/blog/essential-contracts-for-start-up-businesses/) - Launching a new business can be very exciting. It gives you the chance to be your own boss and get involved with something you are passionate about. However, it doesn’t come without challenges. You’ll want to ensure that your business is legally protected. One of the most useful ways to do this is by utilizing - [Brick Business Law Welcomes Associate Litigation Attorney Daniel Kerwin](https://brickbusinesslaw.com/blog/brick-business-law-welcomes-associate-litigation-attorney-daniel-derwin/) - Brick Business Law, P.A. is pleased to announce that Daniel Kerwin, Esq. joined the Firm as an Associate Attorney, effective January 2, 2024. Daniel brings experience in litigation, to the Firm and will be working with the Firm’s St. Petersburg/Sarasota practices. Daniel’s full biography can be found here. Brick Business Law focuses its practice on two - [How non-compete agreements protect your business](https://brickbusinesslaw.com/blog/how-non-compete-agreements-protect-your-business/) - Non-compete agreements have been a heavy topic of discussion in recent years, but they are still legal in Florida. A non-compete agreement is a legally binding contract between an employer and employee with the condition that the employee does not work for rivals should they leave. How do non-compete agreements protect your business and when are they - [Independent Contractor or Employee? Know the Difference](https://brickbusinesslaw.com/blog/independent-contractor-or-employee-know-the-difference/) - The line between an independent contractor and an employee can be quite blurry at times, but it’s an important distinction to make. Classifying your workers appropriately is a legal obligation in Florida. When distinguishing between employees and independent contractors, here are some important questions to ask: How essential is the worker? The precise role of the - [To sign or not to sign: Non-compete agreements in the modern world](https://brickbusinesslaw.com/blog/to-sign-or-not-to-sign-non-compete-agreements-in-the-modern-world/) - Non-compete agreements have been a hot topic in recent years. Some argue that they stagnate healthy competition and restrict employees too much. Nonetheless, these contracts are still legally enforceable in Florida, as long as the terms are reasonable. What benefits could your business gain from utilizing non-compete agreements? Deterring competitors from poaching talent Your business prides itself - [Conflict is often unavoidable when starting a business with 50/50 ownership](https://brickbusinesslaw.com/blog/conflict-is-often-unavoidable-when-starting-a-business-with-50-50-ownership/) - When starting a new business, business partners often assume that they should set up a 50-50 ownership arrangement. It seems easy. The partners can provide an equal financial investment and equally split the responsibilities of running the company day-to-day. However, this is often easier said than done. Conflict is inevitable. Here are some reasons equal partners may - [Do my spouse and I need an operating or shareholders’ agreement?](https://brickbusinesslaw.com/blog/do-my-spouse-and-i-need-an-operating-or-shareholders-agreement/) - Running a business with your spouse can be very rewarding. It may have been an ambition for the two of you for several years. After all, who is more trustworthy than your life partner? That being said, operating any kind of family business comes with unique challenges. Should you have an operating or shareholder’s agreement? Defining - [How do I negotiate a good commercial lease?](https://brickbusinesslaw.com/blog/how-do-i-negotiate-a-good-commercial-lease/) - For some businesses, having physical locations that are open to the public are necessary for success. Buying a commercial property outright can be vastly expensive, which is why many business owners opt for commercial leases instead. A commercial lease can benefit both the business owner and the landlord. The business owner gets use of a - [Brick Business Law Welcomes Partner Kevin Zwetsch](https://brickbusinesslaw.com/blog/brick-business-law-welcomes-partner-kevin-zwetch/) - Brick Business Law, P.A., is pleased to announce that Kevin Zwetsch, Esq., joined the Firm as a Partner, effective December 4th, 2023. Kevin brings experience spanning 30 years. His practice includes employment law, general civil litigation, dispute resolution, human resource guidance, and general counsel services to the Firm. Kevin will be working in our Tampa - [Why your business needs an HR compliance audit](https://brickbusinesslaw.com/blog/why-your-business-needs-an-hr-compliance-audit/) - Human Resource (HR) audits are an often overlooked process. The truth is that audits of this type are extremely important. Audits can help ensure that a company’s HR policies and procedures are in line with the objectives and core ethos of the company. They also minimize risks in key areas. Outlined below are additional reasons your - [How can a lawyer help me with due diligence for a business purchase?](https://brickbusinesslaw.com/blog/how-can-a-lawyer-help-me-with-due-diligence-for-a-business-purchase/) - There is no way to eliminate all risks in business transactions, especially when purchasing, but conducting due diligence can at least reduce the level of risk. There are certain preparatory steps that you can take on your own, but it’s always advisable to have legal guidance behind you. Here are some of the due diligence tasks that - [Update your employee handbook to ensure compliance](https://brickbusinesslaw.com/blog/update-your-employee-handbook-to-ensure-compliance/) - Running a business comes with numerous responsibilities, including managing your team of employees. Every company should have a comprehensive employee handbook as a guide for its workers. Your company’s employee handbook outlines the rules, expectations and core ethos of your business. A good employee handbook is tailored to your specific industry and operations, and they’re - [Should I buy the company or the assets of the company?](https://brickbusinesslaw.com/blog/should-i-buy-the-company-or-the-assets-of-the-company-2/) - Generally, a business can be acquired in two ways. The purchaser can acquire either 100 percent of the company’s stock, giving them control over all the assets and liabilities. Or, individual assets can be identified and sold, while other assets remain with the seller. There are pros and cons to both types of acquisitions. The - [Legal pitfalls of managing remote workers](https://brickbusinesslaw.com/blog/legal-pitfalls-of-managing-remote-workers-2/) - With advancements in technology and unforeseen events in recent years, remote working has become a viable alternative for many companies. Employees are now increasingly working from home or at least on a hybrid basis. This has its benefits, such as workers being able to strike a better work/family balance, but there are also drawbacks. As - [Identifying legal risks for online businesses](https://brickbusinesslaw.com/blog/identifying-legal-risks-for-online-businesses/) - Technology has changed the way commerce is carried out. Nowadays, the majority of major businesses conduct many of their transactions online. E-commerce has made it easier to access global markets and secure sales with the click of a button. With that being said, running an online business is by no means easy. As an online business, you’re - [The pros and cons of sharing equity with a key employee](https://brickbusinesslaw.com/blog/the-pros-and-cons-of-sharing-equity-with-a-key-employee/) - While business owners play a pivotal role, they generally understand the importance of employees too. There are several ways that employees can be rewarded. For example, they may receive a salary increase or bonus. They may be sent on a family vacation. Sometimes, business owners can trust key employees to the extent that they want - [Due diligence tips for first-time business buyers](https://brickbusinesslaw.com/blog/due-diligence-tips-for-first-time-business-buyers/) - Deciding to purchase your first business is a significant step that can be exciting and rewarding. With that being said, it’s also a challenge. You need to take steps to ensure that your investment is as safe as possible and legally watertight. In other words, it’s important to carry out due diligence. Outlined below are a - [What are the pros and cons of a business merger?](https://brickbusinesslaw.com/blog/what-are-the-pros-and-cons-of-a-business-merger/) - Maintaining a corporate advantage over competitors isn’t easy. There are numerous options that your company can take, with one of them being a merger. Essentially, a merger involves two companies joining together to operate as a single entity. This strategy has various pros and cons, as are discussed in more detail below. The pros of - [How can I best protect my business from creditors?](https://brickbusinesslaw.com/blog/how-can-i-best-protect-my-business-from-creditors/) - Running your own business can be rewarding both personally and financially. That said, it does not come without challenges. There may come a point when your business is exposed to creditors. What steps can you take to protect your company from claims? Structuring your business appropriately There are numerous types of structure that your business can take - [Establishing a successful collections strategy for your business](https://brickbusinesslaw.com/blog/establishing-a-successful-collections-strategy-for-your-business/) - Ideally, your business will carry out its services and be paid the agreed amount on time. Usually, this is precisely what happens with the majority of your clients. Unfortunately, it doesn’t always work out this way. Delayed or missed payments happen for numerous reasons, and these can impact your bottom line. A successful collections strategy can help - [What’s the difference between mergers and acquisitions?](https://brickbusinesslaw.com/blog/whats-the-difference-between-mergers-and-acquisitions/) - Two strategies that business owners can employ for growth are mergers and acquisitions. Often, these terms are used interchangeably, but they are actually very different in meaning. Taking either route is a significant decision for any business owner, so it’s important to have accurate information. Outlined below are the key differences between mergers and acquisitions. The - [What is due diligence?](https://brickbusinesslaw.com/blog/what-is-due-diligence/) - Forming a new business is a significant decision that requires careful thought. The right company with an appealing product or service can quickly take off. At the same time, a business that runs the risk of being dominated by competitors could fail. This is why it’s so crucial for business owners to do their due diligence before - [Can my business restrict employees’ social media activities?](https://brickbusinesslaw.com/blog/can-my-business-restrict-employees-social-media-activities-2/) - Social media plays a pivotal role in modern life, and the chances are that all of your employees have at least one account. Generally, what employees post on their personal pages in their own time is of little concern to the company they work for. Nonetheless, there are some exceptions. If an employee’s personal posts - [What is a corporate merger?](https://brickbusinesslaw.com/blog/what-is-a-corporate-merger/) - Making decisions as a business owner isn’t easy. There are various avenues you can take to promote the growth of your company. Something you may have considered is a corporate merger. During a merger, two or more separate companies come together to form one distinct entity. However, a corporate merger can take various forms. Outlined below are some - [Business best practices for contracting with vendors](https://brickbusinesslaw.com/blog/business-best-practices-for-contracting-with-vendors/) - Running a business involves forming corporate relationships with numerous different entities. Many companies rely on vendors, who can supply the required components to ensure customer transactions run smoothly. Working with an external party involves a level of trust and good communication. Outlined below are some best practices to keep in mind when contracting with vendors. - [Avoiding the pitfalls of contract-to-hire situations in your business](https://brickbusinesslaw.com/blog/avoiding-the-pitfalls-of-contract-to-hire-situations-in-your-business-2/) - As a business owner, you play an important role in the success of your company. However, you don’t act alone. The team around you contributes, and you’re always looking to get the best available talent. The roles in your organization vary. You have senior and mid-level managers, but many other key workers that make your business run - [How can you weather the storm as other businesses fail?](https://brickbusinesslaw.com/blog/how-can-you-weather-the-storm-as-other-businesses-fail/) - While running your own company can be very lucrative, it is by no means easy. Sadly, the number of corporate bankruptcies are currently at record levels. More than 230 companies declared bankruptcy between January and April 2023. There are no guarantees or risk-free ways to ensure your company’s success, but there are certainly things you can do - [Attorney Kevin D. Zwetsch has been recognized by The Best Lawyers in America®](https://brickbusinesslaw.com/blog/attorney-kevin-d-zwetsch-has-been-recognized-by-the-best-lawyers-in-america/) - Attorney Kevin D. Zwetsch has been recognized again by his peers in the milestone 30th edition of The Best Lawyers in America® for his exceptional work in Commercial Litigation, Litigation – Labor and Employment, Labor Law – Management, and Employment Law – Management. - [How do I create an exit strategy from my business?](https://brickbusinesslaw.com/blog/how-do-i-create-an-exit-strategy-from-my-business/) - Running a business can be complex and it requires looking to the future. Many business owners get caught up in the moment and don’t even think about an exit strategy. Nonetheless, an exit strategy from your business is important, as it offers stability for key stakeholders and allows smoother transitions between owners. Outlined below are a - [What are the advantages to hiring a business lawyer for my company?](https://brickbusinesslaw.com/blog/what-are-the-advantages-to-hiring-a-business-lawyer-for-my-company/) - Running a business does not mean you have to do it all yourself. Often it is better and more efficient to bring in outside help. One area where this is especially true is the legal arena. As a business owner, you need to know about and comply with a wide range of laws. Having guidance - [What should I look for when hiring a business lawyer?](https://brickbusinesslaw.com/blog/what-should-i-look-for-when-hiring-a-business-lawyer/) - There are numerous factors to consider when running a business. As a business owner, it is not possible to do everything on your own and taking shortcuts will only cause problems down the road. Having an experienced business lawyer on your side is an important aspect that should not be overlooked. Many people only think - [Why and how should I protect my assets from risks?](https://brickbusinesslaw.com/blog/why-and-how-should-i-protect-my-assets-from-risks/) - While turning a profit is pivotal to the success of a company, this is not the only factor that needs to be considered. As a business owner, you want to make a distinction between your business and personal assets, so that you limit your personal risk if (when) there are claims against your business. This - [Why should I have a business succession plan?](https://brickbusinesslaw.com/blog/why-should-i-have-a-business-succession-plan/) - Structure is key for most successful companies. Owners, directors, management and employees all play their own unique roles in hitting targets and objectives. Another fundamental aspect of a well-run company is stability. Staff, stakeholders and consumers need to have an idea of what will happen in different scenarios. For example, what would happen if an - [How will a corporate merger affect my business shareholders?](https://brickbusinesslaw.com/blog/how-will-a-corporate-merger-affect-my-business-shareholders/) - There are many directions a company can take to expand its operations. Often, two companies opt to combine into one legal entity, joining forces. This is commonly referred to as a merger. Done properly, a merger offers potential advantages through pooled resources and the ability to capture a larger section of the market. Typically, mergers - [The importance of due diligence with business transactions](https://brickbusinesslaw.com/blog/the-importance-of-due-diligence-with-business-transactions/) - Business transactions can be fruitful but it’s important to remember that they are never risk-free. Fortunately, business owners can mitigate the risk involved in business transactions by carrying out due diligence. What types of due diligence should business owners conduct and why is it so important to do this? Hard due diligence There are certain forms - [Why use legal counsel when drafting contracts to sell or purchase a business?](https://brickbusinesslaw.com/blog/why-use-legal-counsel-when-drafting-contracts-to-sell-or-purchase-a-business/) - Purchasing a new business or selling an existing one are major decisions. However, if the time is right, both moves can be very rewarding. One thing you’ll need to consider is the existence of any binding legal contracts that affect whatever businesses are involved in your transaction. Overlooking these could end up costing you time - [What is the most important issue when starting a new business in Florida?](https://brickbusinesslaw.com/blog/what-is-the-most-important-issue-when-starting-a-new-business-in-florida/) - Establishing a new business can be challenging yet very exciting. You may have found the perfect location in Florida and identified a gap in the market that you know you can fill. With so much to do, it can be easy to overlook the legal components of your business, which are extremely important. Outlined below are - [How do I stop someone from violating my business’s rights?](https://brickbusinesslaw.com/blog/how-do-i-stop-someone-from-violating-my-businesss-rights/) - They’re breaching their contract! He’s wrongfully competing with me! She’s using my confidential documents! How do I get them to stop? You can hear these cries for help from business owners every day. Running a business exposes you to all kinds of challenges from others, some of which may require legal intervention. Many disputes and - [What is a document preservation policy and why does your business need one?](https://brickbusinesslaw.com/blog/what-is-a-document-preservation-policy-and-why-does-your-business-need-one/) - As a business owner, you cannot afford to spend your days in fear of being sued or subpoenaed. You need to get on with running your company. That does not mean you can avoid the possibility of being sued, however. A lawsuit can rear its ugly head when you least suspect it, just as it - [Dos and don’ts for responding to a business lawsuit subpoena](https://brickbusinesslaw.com/blog/dos-and-donts-for-responding-to-a-business-lawsuit-subpoena/) - Has your business been served with a subpoena? These legal documents are court orders that require action on your part. The subpoena may direct you to show up at a certain location to submit to questioning or produce certain documents. The information it asks for may even be something you don’t want to share or that you just - [Are non-compete clauses going away?](https://brickbusinesslaw.com/blog/are-non-compete-clauses-going-away/) - The corporate world is notoriously competitive, and as a business owner, you need to garner any possible advantage. A top priority for you is likely safeguarding your investments and intellectual property from getting into the hands of competitors. One tool that has traditionally been used to accomplish this is the use of non-compete clauses and - [Is my business partner trying to gaslight me?](https://brickbusinesslaw.com/blog/is-my-business-partner-trying-to-gaslight-me/) - Business partnerships often require trust, communication and mutual respect to thrive. However, some relationships can turn toxic, with one partner employing manipulative tactics such as gaslighting. Originating from a 1938 play called “Gas Light,” gaslighting refers to the act of manipulating someone into questioning their own perception of reality or decision-making abilities. Recognizing this type - [What are my options if my business partner abandons our company?](https://brickbusinesslaw.com/blog/what-are-my-options-if-my-business-partner-abandons-our-company/) - A business partnership can be very useful. You and your partner can share the financial responsibilities, the liabilities, the recruitment process and other burdens associated with running your company. That being said, a business partnership can become burdensome if the parties involved are not on the same page. If you believe your business partner has abandoned - [How can I protect my business trade secrets?](https://brickbusinesslaw.com/blog/how-can-i-protect-my-business-trade-secrets/) - The business world is notoriously competitive and successful companies generally have unique products, services and skills that they can provide, as a result. In your company’s case, you may rely on unique methods, technologies, processes or recipes to maintain its foothold in the marketplace. Unique information in the context of the aforementioned is often referred - [Can the “business judgment rule” protect my company’s board of directors?](https://brickbusinesslaw.com/blog/can-the-business-judgment-rule-protect-my-companys-board-of-directors/) - Business decisions can sometimes be unpopular with stakeholders, especially if the decisions made are particularly risky or controversial. This can potentially lead to lawsuits against the company’s board of directors – even when the board has not violated any laws or acted against its fiduciary duties. The courts recognize that, in order for businesses to - [What is “restraint of trade,” and how can it affect my business?](https://brickbusinesslaw.com/blog/what-is-restraint-of-trade-and-how-can-it-affect-my-business/) - The business world is notoriously competitive, with rivals constantly seeking to secure an advantage. Nonetheless, companies are legally prohibited from engaging in certain unfair practices that aim to cause harm to competitors. One example of such tactics is referred to as “restraint of trade”. Essentially, a restraint of trade is any action that prevents a - [What is the difference between direct and derivative shareholder lawsuits?](https://brickbusinesslaw.com/blog/what-is-the-difference-between-direct-and-derivative-shareholder-lawsuits/) - Shareholders are legal entities or individuals who have registered shares in either private or public corporations. Despite having a financial interest in a company, most shareholders generally have little to do with the day-to-day business operations. If the company remains profitable and directors do not take unnecessary risks, then disputes are less likely to arise. - [Is the absence of constituent documents putting your closely-held company at risk?](https://brickbusinesslaw.com/blog/is-the-absence-of-constituent-documents-putting-your-closely-held-company-at-risk/) - Successful businesses typically start with an idea. You may have found a niche in the market and can offer the product or service to fill it. Nonetheless, there is a more formal side to business formation and operations that cannot be ignored. Verbal agreements are all well and good, but they are difficult to enforce. - [What’s the difference between a clickwrap and a browsewrap agreement?](https://brickbusinesslaw.com/blog/whats-the-difference-between-a-clickwrap-and-a-browsewrap-agreement/) - With advancing technology in recent decades, many business transactions are carried out online with the click of a button. This approach has the advantage of ensuring that transactions progress almost seamlessly. The downside is that parties to agreements may bypass closely examining their rights before signing an agreement. You’ve probably experienced both clickwrap and browsewrap - [The Implications of the Debt Ceiling Standoff on Small Businesses: Understanding and Preparing for Potential Outcomes](https://brickbusinesslaw.com/blog/the-implications-of-the-debt-ceiling-standoff-on-small-businesses-understanding-and-preparing-for-potential-outcomes/) - As an entrepreneur, you’re adept at balancing your budget and managing the financial health of your small business. But have you considered how macroeconomic issues, like the U.S. federal debt ceiling standoff, might impact your business? For those unfamiliar with the term, the ‘debt ceiling’ refers to the total amount of debt that the U.S. - [What does my business need to set up our HR department?](https://brickbusinesslaw.com/blog/what-does-my-business-need-to-set-up-our-hr-department/) - A functional business has many moving parts. High-level management, supervisors and other staff all have unique roles to play. Monitoring multiple staff members, particularly if your business is sizable, can be tricky. A human resources (HR) department is something that can help keep everything above board. What tasks should you consider when setting up your HR - [Addressing financial misconduct from your business partner](https://brickbusinesslaw.com/blog/addressing-financial-misconduct-from-your-business-partner/) - Having a business partner on your side who shares your vision and goals for your company can be extremely beneficial. You also need a business partner who you can trust, particularly with the company’s reputation and with money. Unfortunately, some business partnerships don’t work out, and financial misconduct is at the heart of many partnership - [Legal ethics for clients: What your litigation team cannot do](https://brickbusinesslaw.com/blog/legal-ethics-for-clients-what-your-litigation-team-cannot-do/) - If you are in the midst of a court case, your legal team is there to guide you and protect your rights. They should do everything in their power to put your interests first. However, lawyers are subject to certain rules and regulations. As a result, the representation that they offer must fall within the - [What does a general counsel do, and why should you have one?](https://brickbusinesslaw.com/blog/what-does-a-general-counsel-do-and-why-should-you-have-one/) - As an entrepreneur, you are primed to make decisions concerning managing staff, expanding the company and ensuring client satisfaction. While these are all extremely useful traits, there is also a legal side that must be attended to in order to better guarantee the success of your company. Business law is nuanced, and due to the - [What is a “frivolous claim” and why is one a problem?](https://brickbusinesslaw.com/blog/what-is-a-frivolous-claim-and-why-is-one-a-problem/) - Legal cases are judged on their substance. Parties to proceedings generally present their side of the argument by submitting evidence to the court for review. In civil proceedings, the burden of proof is based on a preponderance of evidence. Essentially, this means that the party that presents evidence convincing the court that their account is - [A guide to hiring and firing small business employees](https://brickbusinesslaw.com/blog/a-guide-to-hiring-and-firing-small-business-employees-2/) - The owner of a company sets the standards for any successful small business. Passion as well as relevant knowledge and skills can drive a company forward. As a business owner, you’ll need to delegate, which means having the right staff in place and potentially removing individuals who do not contribute appropriately. Decisions regarding hiring and firing are - [Is your restaurant compliant with relevant regulations?](https://brickbusinesslaw.com/blog/is-your-restaurant-compliant-with-relevant-regulations/) - You’ve had the ambition of opening your own restaurant for some time now, and your dream is finally coming to fruition. The site seems ideal and you are awash with ideas. Nonetheless, launching a restaurant isn’t as straightforward as just opening the doors and taking orders. Your business needs to be compliant with local and state regulations - [Are you looking for a way out of your 50/50 business partnership?](https://brickbusinesslaw.com/blog/are-you-looking-for-a-way-out-of-your-50-50-business-partnership/) - A business partnership can be a great thing. You and your partner can share the financial risk, team management and overall pressure of running a company. That being said, a business partnership can be a burden if it goes south. If you find yourself in this position, you may be looking for a way out - [Can an independent contractor sue for wrongful termination?](https://brickbusinesslaw.com/blog/can-an-independent-contractor-sue-for-wrongful-termination/) - Being an independent contractor has numerous benefits. You can be selective in the projects that you undertake and have more flexibility in terms of charging a price that suits you. Engaging with an independent contractor can also be beneficial for any company that opts to work with you, as they do not need to be - [So the Lawsuit Didn’t Go Your Way: Can You Appeal?](https://brickbusinesslaw.com/blog/so-the-lawsuit-didnt-go-your-way-can-you-appeal/) - Lawsuits can cost a lot of time and money, but they are often the only option you have when you want to assert your legal rights. In any legal case, there are no guarantees. You may have lost a recent civil suit and are at your wit’s end. Is this the end of the road - [Is this a good time to expand my business?](https://brickbusinesslaw.com/blog/is-this-a-good-time-to-expand-my-business/) - You’ve been running your own company for some time now with relative success. However, your ambition is to take your business to the next level. Expanding your company takes a lot of time and financial investments – and it is never risk-free. Thus, you need to choose your timing wisely. So, how do you know - [4 tips you can use to help avoid business lawsuits](https://brickbusinesslaw.com/blog/4-tips-you-can-use-to-help-avoid-business-lawsuits/) - If your dream of owning your own business recently became a reality, you are probably busy plotting the way forward to success. There are going to be many challenges, but you can stay optimistic about the future. As part of your strategy, you need to actively plan to avoid legal issues. The following tips may help - [What’s the difference between arbitration and mediation?](https://brickbusinesslaw.com/blog/whats-the-difference-between-arbitration-and-mediation/) - While running your own business can be rewarding, it’s inevitable that you are going to face challenges at some point. Some of these challenges may come with a summons to appear in court. Typically, going through the court system is a last resort, and there are cheaper and more efficient dispute resolution processes out there. - [Why budgeting for legal expenses is essential for businesses](https://brickbusinesslaw.com/blog/why-budgeting-for-legal-expenses-is-essential-for-businesses/) - Many individuals think that running a successful business is all about providing goods or services and selling them at a profit. While this is the foundation of most companies, there is much more to it than this. If it was as straightforward as this, then everyone would be doing it. There are numerous roadblocks that - [Establishing a business development strategy for your company](https://brickbusinesslaw.com/blog/establishing-a-business-development-strategy-for-your-company/) - There’s no denying that the corporate world is competitive. That being said, if you develop the appropriate strategy, it can also be very rewarding. There are very few companies that have no competition, so you’re going to have to keep an eye on your competitors as well as your own progress. If the opportunity comes - [When business partners behave badly](https://brickbusinesslaw.com/blog/when-business-partners-behave-badly/) - You’re a strong-minded and determined entrepreneur. This has resulted in you forming your own company and making it a success. That being said, it isn’t possible for you to take on the entire workload. This is why you’ve enlisted a team of staff and maybe a business partner. A good business partner will bring different - [Is your business a target?](https://brickbusinesslaw.com/blog/is-your-business-a-target/) - You’ve established your own company after many years of hard work. This is a major achievement that can bring numerous rewards both personally and financially. That being said, you have to be careful. Some people will be envious of your success and your competitors could feel threatened by you. All of this makes you a potential target for - [Starting a business vs buying a business: Which is better?](https://brickbusinesslaw.com/blog/starting-a-business-vs-buying-a-business-which-is-better/) - Your entrepreneurial side has always dreamed of running a company. Now, you’re in a position to make this happen, and you have numerous routes to choose from. You could start a new business from scratch, creating your own identity, brand and methods. Or, you could purchase an already established company and put your own spin - [Auditing the legal needs of your business](https://brickbusinesslaw.com/blog/auditing-the-legal-needs-of-your-business/) - Business owners know that running a company is not always as straightforward as some make it seem. Follow local regulations, requirements and industry standards, and ensuring that your legal documents and practices are up to scratch is part of the process. An important aspect of business ownership is conducting a legal audit. Outlined below are - [Should I use a broker for a business purchase?](https://brickbusinesslaw.com/blog/should-i-use-a-broker-for-a-business-purchase/) - Completing the acquisition of a new company can be complex. There are a lot of things to consider, and some may be difficult to navigate on your own. One option you have is to hire a broker. Is this a wise move? Is your broker in it for the right reasons? At the end of the - [What are my options for relocating my business to Florida?](https://brickbusinesslaw.com/blog/what-are-my-options-for-relocating-my-business-to-florida/) - You’ve been operating a successful company for some time, and you’re looking to relocate. After conducting your market research, you feel Florida offers the perfect location. Relocating a business can be complex, and there are rules and regulations that you must adhere to. Below are some of the main options to consider. Operate as a foreign - [Brick Business Law, P.A. Ranked 35 on the 2023 Seminole 100](https://brickbusinesslaw.com/blog/brick-business-law-p-a-ranked-35-on-the-seminole-100/) - TALLAHASSEE, Fla. – Brick Business Law, P.A. based in Tampa Florida, has been named as one the fastest-growing companies owned or led by Florida State University alumni. They were honored as the 35th fastest growing business, according to growth, at the 6th annual Seminole 100 Celebration on Saturday, February 25th. Florida State University’s Seminole 100 is powered - [Effective debt collection strategies for business owners](https://brickbusinesslaw.com/blog/effective-debt-collection-strategies-for-business-owners/) - If you provide high-quality goods and services then it is only fair that you receive prompt payments. Even successful companies struggle with issues of debt collection from time to time. With the potential for a coming recession, establishing strategies for successful collection practices may help you stay ahead of the problem. Stay on top of invoicing You - [Advertising rules your business needs to know and follow](https://brickbusinesslaw.com/blog/advertising-rules-your-business-needs-to-know-and-follow/) - Advertising campaigns can make or break a business. Successful adverts, whether that be tv ads, banners, flyers or signs, are memorable. While you can be creative in your marketing campaigns, there are some advertising regulations that you should know about. Outlined below are some important things to keep in mind. You must be honest about prices You - [Real estate zoning disputes involving Florida businesses](https://brickbusinesslaw.com/blog/real-estate-zoning-disputes-involving-florida-businesses/) - Setting up your own business can be an exciting prospect. You get to be your own boss, manage your own team and implement ideas that you believe in. Nonetheless, it’s not quite as simple as just finding a plot and commencing trade right away. Zoning laws dictate what type of activity is permitted to take place in - [4 steps to help resolve commercial construction contract disputes](https://brickbusinesslaw.com/blog/4-steps-to-help-resolve-commercial-construction-contract-disputes/) - You have an established reputation in the construction industry, and your priority is keeping this. Generally, projects run smoothly and customers leave satisfied and often even return. Nonetheless, no business experiences smooth sailing 100% of the time, and disputes are bound to arise. What’s important is that you are aware of some useful methods for - [Tips for avoiding commercial construction contract disputes](https://brickbusinesslaw.com/blog/tips-for-avoiding-commercial-construction-contract-disputes/) - Running a construction company can be fruitful, but that doesn’t mean you won’t have challenges. You are going to have to complete projects on time and at a competitive price and manage customer relations. One thing that can help with this is having watertight contracts in place. Nonetheless, a contract is only as good as - [What are business advertising laws in Florida?](https://brickbusinesslaw.com/blog/what-are-business-advertising-laws-in-florida/) - Before you launch that fantastic new campaign your marketing team dreamt up, you must ensure it complies with all advertising laws. There are both federal and state laws that have to be constantly considered. Here are the general concepts governing the way you advertise your business through the use of an example: You must have evidence to - [Partner with a legal advisor to build your business in 2023](https://brickbusinesslaw.com/blog/partner-with-a-legal-advisor-to-build-your-business-in-2023/) - Are you planning on expanding your business in 2023? As you prepare for the new year, you will be faced with many legal decisions. If you make wrong choices now, the repercussions could affect your business (and your bottom line) far into the future. To get your business and your year started right, partner with an experienced - [What does my business need to do before the year’s end? Part 2](https://brickbusinesslaw.com/blog/what-does-my-business-need-to-do-before-the-years-end-part-2/) - From marketing to updating inventory, responding to customer queries and managing your employees, a lot goes into running a business. As the year comes to an end, it is only natural to look back at your accomplishments and setbacks, take lessons and prepare for the year ahead. The end of the year is also a - [What does my business need to do before the year end? Part 1](https://brickbusinesslaw.com/blog/what-does-my-business-need-to-do-before-the-year-end-part-1/) - You have endured countless ups and downs, made several wins, and a handful of losses. Well, that’s how business works. And as the year comes to an end, you are probably pushing through the crazy holiday. Clearly, free time is hard to come by. But that does not mean you can overlook what lies ahead. - [A key to business success: Managing your external relationships](https://brickbusinesslaw.com/blog/a-key-to-business-success-managing-your-external-relationships/) - There are thousands of books offering advice on how to run a business. You can find advice on anything from marketing to sales tactics, from tax advice to how to avoid legal problems. Knowing those things will be crucial, yet one thing supersedes them all. It’s about how you make people feel The author Maya - [What do I need to know about renegotiating my commercial lease?](https://brickbusinesslaw.com/blog/what-do-i-need-to-know-about-renegotiating-my-commercial-lease/) - The property you lease will be critical to the success of your business. You need the right place, in the right location, with the right terms and price. You may occasionally need to renegotiate the commercial lease for your business. Reasons could include: Looking to get out of the lease Adding on to the space - [I’ve been accused of breaching a fiduciary duty. What now?](https://brickbusinesslaw.com/blog/ive-been-accused-of-breaching-a-fiduciary-duty-what-now/) - In business, the stakes are sometimes very high. An individual may have invested their life savings into a project, and placed their trust in numerous business partners. If you are placed in such a position of trust, then you owe a fiduciary duty to your clients or others for which you are acting as a - [What can I do to help reduce my business receivables?](https://brickbusinesslaw.com/blog/what-can-i-do-to-help-reduce-my-business-receivables/) - Your company took on a major project that promised significant profit. You finished the project on time or possibly even ahead of schedule. You kept costs low and communicated with your client regularly about the status of your work. However, despite fulfilling all of the work required in your contract, the other party hasn’t paid. - [What is a breach of fiduciary duty?](https://brickbusinesslaw.com/blog/what-is-a-breach-of-fiduciary-duty/) - For a business to take off and maintain momentum, presidents, investors, managers, CEOs, employers and employees are trusted to do their jobs right and to act in the best interest of the company and its stakeholders, not themselves. They have what is called fiduciary duties. However, when a fiduciary duty isn’t met, or when a party acts - [Can a Business Offer Comp Time Instead of Overtime?](https://brickbusinesslaw.com/blog/can-a-business-offer-comp-time-instead-of-overtime/) - When employees are being paid an hourly rate, that rate changes if they work overtime. They’re supposed to be paid time and a half. For example, a worker who makes $20 an hour normally would make $30 an hour for every hour of overtime. This only impacts the extra hours, not those worked previously. However, - [How do I choose the right partner for a joint venture?](https://brickbusinesslaw.com/blog/how-do-i-choose-the-right-partner-for-a-joint-venture/) - Businesses of all sizes combine forces via joint ventures to harness their potential and build relationships depending on their needs. There is often strength in coming together. Done right, a joint venture can help a business increase its productivity, access new markets, share business risks and costs and grow its bottom line. A joint venture is, essentially, - [Fostering a productive business relationship with your employees](https://brickbusinesslaw.com/blog/fostering-a-productive-business-relationship-with-your-employees/) - You’re the founder and current owner of your company. You deserve a lot of credit for getting to where you are today, but you didn’t do it on your own. You’ve always had a solid team behind you and as your company grows the team continues to expand. You want to ensure that you continue getting - [How can my company recover business debts?](https://brickbusinesslaw.com/blog/how-can-my-company-recover-business-debts/) - Negotiating a contract with another business should mean that you can safely do business together. You can perform work knowing you already agreed on a specific quote or make a payment anticipating the delivery of certain materials. Unfortunately, there are some businesses that do not uphold their side of the contracts. Perhaps you paid money - [What Impact Does a Non-Solicitation Agreement Have on Your Work?](https://brickbusinesslaw.com/blog/what-impact-does-a-non-solicitation-agreement-have-on-your-work/) - Every time you accept a new job, you have to negotiate an employment contract. Many professionals simply sign the documents that their new employers provide without changing or challenging anything. It is only later when they start thinking about moving on, that they worry about the documents they signed as a new hire. Restrictive covenants - [Have you established your business goals for the upcoming year?](https://brickbusinesslaw.com/blog/have-you-established-your-business-goals-for-the-upcoming-year/) - Goal setting is one of the most important decisions you can ever make for your business. Properly set goals can help you stay focused and steer your business in the direction of growth. While most entrepreneurs think of goal setting as an exercise that should only be undertaken at the beginning of the year, the - [Are your internal business contracts exposing you to unnecessary risks?](https://brickbusinesslaw.com/blog/are-your-internal-business-contracts-exposing-you-to-unnecessary-risks/) - A well-structured business will typically create a contract for any agreement to ensure their business runs smoothly — and that includes internal agreements with their employees, partners, shareholders and others. These generally outline what business owners expect from their people, the role they play in the workplace and what they can expect in return for - [Are your business agreements and contracts up to snuff?](https://brickbusinesslaw.com/blog/are-your-business-agreements-and-contracts-up-to-snuff/) - Attracting customers and finding suitable suppliers takes a lot of effort. So many companies lose these contacts through misunderstandings over the terms of their relationship. To keep them, you need to ensure hat you maintain good communication by creating contracts that work for both of you. That is where your business agreements come in. You should use - [Avoid the “I have to do everything myself” pitfall](https://brickbusinesslaw.com/blog/avoid-the-i-have-to-do-everything-myself-pitfall/) - If you’re the head of a business, it can be tough to delegate responsibility to others and let go. You may feel like you need to be in control of everything to ensure that your business runs smoothly. But if you don’t delegate, you’ll quickly become overworked and stressed, which can lead to health problems. By - [Business owners: Now is the time to start planning for 2023](https://brickbusinesslaw.com/blog/business-owners-now-is-the-time-to-start-planning-for-2023/) - If you own a business, you’re probably gearing up for everything that the end of the year brings from the holiday rush to holiday vacation schedules for your employees. It’s a lot of work. Nobody is denying that. However, if you want to have a successful operation in 2023, you have to find the time - [Weathering the ups and downs of running a small company](https://brickbusinesslaw.com/blog/weathering-the-ups-and-downs-of-running-a-small-company/) - There has been a lot of debate recently about whether or not the US is entering an economic recession. No matter your opinion on the matter, it is important to be prepared for whatever happens if you are a new business owner. What are some of the ups and downs you can expect to experience as 2022 - [Increasing your flexibility when you have cash flow problems](https://brickbusinesslaw.com/blog/increasing-your-flexibility-when-you-have-cash-flow-problems/) - Cash flow problems can be very detrimental for a business. That could become even more important in the future, as the country heads toward a potential recession. It is important to plan ahead and try to anticipate these needs, which may allow you to budget for them and make changes. However, you also need to know how - [Invest in your business by investing in your relationships](https://brickbusinesslaw.com/blog/invest-in-your-business-by-investing-in-your-relationships/) - Your business wouldn’t run without the support from your customers, employees, investors, vendors and outside advisors. As the economy gets rough, many of your valued relationships may be struggling. This may be the perfect time to reach out and see if you can lend a hand. How can you help the people you value most - [When is it appropriate to renegotiate terms with long-term vendors?](https://brickbusinesslaw.com/blog/when-is-it-appropriate-to-renegotiate-terms-with-long-term-vendors/) - As you’ve established your business over the years, you’ve made several useful contacts. You’ve been dealing with the same vendor for some time now and think it’s time to negotiate a new deal. Business negotiations are rarely easy, and both sides may not have the same vision. What’s the best way to go about renegotiating with - [3 Reasons It May Be Time to Consider a Business Divorce](https://brickbusinesslaw.com/blog/3-reasons-it-may-be-time-to-consider-a-business-divorce/) - Talking about a business partnership with someone is an awful lot like proposing marriage. You will essentially suggest that the two of you work cooperatively for years to come. There needs to be a foundation of trust for such a relationship to work, and both of you need to have the same goals and priorities. - [Tips for business divorce and restructuring](https://brickbusinesslaw.com/blog/tips-for-business-divorce-and-restructuring/) - Companies sometimes cease operations to do some restructuring. This can occur for various reasons, particularly if partners go their separate ways instead of continuing the partnership or when one larger company splits into smaller companies. Both situations are complex, so you must ensure you do what’s necessary to protect yourself and your company. There are - [How can I capture a new market share without breaking the bank?](https://brickbusinesslaw.com/blog/how-can-i-capture-a-new-market-share-without-breaking-the-bank/) - Your business has gained ground in recent years and this is a trend that you want to continue. A large part of your success comes down to your ability to manage your finances but still remain competitive. You are looking to tap into a larger share of the market space without breaking the bank. What’s the best - [Should your business switch your contracts from “at-will” to long-term?](https://brickbusinesslaw.com/blog/should-your-business-switch-your-contracts-from-at-will-to-long-term/) - Many businesses choose to operate on an at-will basis, which is suitable in many situations. As the economy of the country changes, some companies are choosing to move to long-term contracts. There are many benefits to this, especially if you’re trying to make sure you’re running a recession-resistant business. Remember, the contracts your company uses can - [When Do You Become a Whistleblower?](https://brickbusinesslaw.com/blog/when-do-you-become-a-whistleblower/) - Capitalist businesses frequently put profits ahead of everything else, including the law, the well-being of their employees, and the safety of the general public. Whether you have just started a new job and realized that something is fishy or you have recently learned that your employer isn’t complying with safety regulations, it is important to - [Will alternative services or products help weather a recession?](https://brickbusinesslaw.com/blog/will-alternative-services-or-products-help-weather-a-recession/) - The United States is very likely heading into a recession or is in one already. This is going to have a drastic impact on businesses all over the country, just as it did back in 2008. You may be trying to think of ways to weather this recession and keep your business functional. Consider the - [3 Ways Employers Deny You the Wages You Deserve](https://brickbusinesslaw.com/blog/3-ways-employers-deny-you-the-wages-you-deserve/) - There are dozens of state and federal statutes that establish specific legal obligations for employers. They need to adhere to federal safety standards and carry workers’ compensation insurance that complies with state guidelines. One of their most basic obligations will be the requirement for them to pay you for the work that you perform. Unfortunately, wage - [Do the Florida Civil Courts Uphold Noncompete Agreements?](https://brickbusinesslaw.com/blog/do-the-florida-civil-courts-uphold-noncompete-agreements/) - Employees and employers often have conflicting needs when starting a new employment arrangement. A business wants to minimize its operating costs while maximizing the return on the investments it does make. Workers want job security and competitive compensation combined with appropriate and modern benefits. Negotiating an employment contract often means carefully balancing these two competing - [Potential benefits of buying an existing business](https://brickbusinesslaw.com/blog/potential-benefits-of-buying-an-existing-business/) - Many business owners start their company and build the entire business from the ground up. You hear a lot of stories about major corporations that started in a garage or a basement. But you have another option if you’d like to be a business owner. You don’t necessarily have to start a company. You could - [What happens to your commercial lease when ownership changes?](https://brickbusinesslaw.com/blog/what-happens-to-your-commercial-lease-when-ownership-changes/) - It can be jarring to find out that the owner of the commercial building where you lease space is selling the property. You likely have questions about what this means for your lease agreement and your business. Property owners should notify their tenants of a sale so they don’t find out from the new owners. - [Can my business partner force me to sell?](https://brickbusinesslaw.com/blog/can-my-business-partner-force-me-to-sell/) - When you started your business with a partner, you hoped that you would build the company for decades until it was incredibly valuable. But now it’s only been a few years and your business partner wants to sell the company. They think the value has gone up enough to make it worth selling, and they’d - [Why you need an attorney when setting up a new business](https://brickbusinesslaw.com/blog/why-you-need-an-attorney-when-setting-up-a-new-business/) - As an aspiring entrepreneur, you may not like the idea of sharing your concept or revenue with anyone else. However, you simply cannot identify and address every possible concern while planning a business without support, nor can you truly evaluate your own ideas and shortfalls without someone else’s perspective. Some entrepreneurs get help from business - [Tips for avoiding contract disputes with your suppliers](https://brickbusinesslaw.com/blog/tips-for-avoiding-contract-disputes-with-your-suppliers/) - Establishing and maintaining good supplier relationships is essential for doing business. Unfortunately, even with the best intentions, contract disputes can occur. It is in everyone’s best interest to resolve any contract dispute quickly and avoid legal intervention, which takes a lot of time and money. While this is true, there are a few tips that - [Simplicity is key to positive business relationships, not tricks](https://brickbusinesslaw.com/blog/simplicity-is-key-to-positive-business-relationships-not-tricks/) - When you find a supplier who can reliably import a material that is hard to come by, you may want to solidify a verbal agreement in writing. Contracts help businesses make their expenses and schedules predictable. A well-written contract protects your company and creates mutual benefit when both parties fulfill obligations to one another. Unfortunately, - [Should I diversify the types of clients my business serves?](https://brickbusinesslaw.com/blog/should-i-diversify-the-types-of-clients-my-business-serves/) - It’s no secret that the economy is undergoing a massive correction. Inflation is high, interest rates have gone up and many businesses are struggling to stay afloat. As fears of an even bigger recession loom large, is it time to diversify your existing client base? Absolutely. It’s never good to put “all of your eggs - [My commercial lease is complex. Do I need a lawyer?](https://brickbusinesslaw.com/blog/my-commercial-lease-is-complex-do-i-need-a-lawyer/) - You’re looking to lease a commercial property for your new business. You found a space that looks promising, and you think that you can afford the rent. But then you’re handed the lease, and it’s more complex than you expected. It’s important not to sign anything until you fully understand exactly what you’re agreeing to. - [Why do I need to diversify my company’s supply chain?](https://brickbusinesslaw.com/blog/why-do-i-need-to-diversify-my-companys-supply-chain/) - Businesses all across America are doing their best to stay active and relevant as our country faces the current recession. One of the ways in which they are doing this is by diversifying their supply chains. While this is a great way to make suppliers compete for your business by driving down costs, the end - [Is your business partnership breaking down?](https://brickbusinesslaw.com/blog/is-your-business-partnership-breaking-down/) - You formed your business on your own and as it grew you recruited a team. Your business partner has been fundamental to your success over the years, but the relationship seems to have changed. You’re starting to question whether they still have the drive and commitment required to ensure that you can fend off your - [What are your options for getting out of a commercial lease early?](https://brickbusinesslaw.com/blog/what-are-your-options-for-getting-out-of-a-commercial-lease-early/) - When you signed the lease for your commercial space, you may have thought you’d found the perfect location for your business. However, things change. Whether you need more space, less space or you just found a much better location, you want to move as soon as possible. However, if you’ve still got months or longer - [Overview of the business litigation process in Florida](https://brickbusinesslaw.com/blog/overview-of-the-business-litigation-process-in-florida/) - Florida’s entrepreneurs are some of the most resourceful business people in the country. Navigating ever-changing government and state regulations while keeping a leg up on the competition requires dedication, passion and credibility. These attributes are particularly important if your business becomes involved in litigation. For most businesses, litigation is a part of doing business. Whether - [Getting your new business started on the right foot](https://brickbusinesslaw.com/blog/getting-your-new-business-started-on-the-right-foot/) - With business ventures, it is always best to look before you leap. This can help you to avoid mistakes and potential disputes down the line. If you are starting a new business, there are many issues that you’ll need to consider, depending on the type of business you’re starting. Let’s take a look at a - [What is business defamation, and what can you do about it?](https://brickbusinesslaw.com/blog/what-is-business-defamation-and-what-can-you-do-about-it/) - Words are more powerful than ever in the 21st century. They can take businesses straight to the top or knock them down to the bottom. Word of mouth (and pen or keyboard) spreads like a virus. Negative and defamatory statements can take over social media platforms until the next scandalous event takes precedence. How might - [Potential limits to non-compete agreements](https://brickbusinesslaw.com/blog/potential-limits-to-non-compete-agreements/) - Non-compete agreements can be a great tool to help protect your business. You don’t want your employees to come to the company, learn how to work in the industry, take your intellectual property and company secrets, and then go off and start their own businesses. You also don’t want them to take this knowledge and - [Can your business partner close your business without you?](https://brickbusinesslaw.com/blog/can-your-business-partner-close-your-business-without-you/) - Your business partner wants to close the business down. Maybe they don’t feel as emotionally invested in it as they used to. Maybe they see it as an eventual failure and they’re unwilling to continue working to make it succeed. You do not agree with them. You don’t think that the business needs to close - [Key clauses to consider with commercial leases and lease negotiations](https://brickbusinesslaw.com/blog/key-clauses-to-consider-with-commercial-leases-and-lease-negotiations/) - Signing a commercial lease is a big step for any business, whether it is new or expanding. It’s crucial to take your time and review the lease carefully, so you understand what your obligations are – as well as the property owner’s duties to you. Some business owners may not realize that many of the - [What you need to know about drafting a partnership agreement](https://brickbusinesslaw.com/blog/what-you-need-to-know-about-drafting-a-partnership-agreement/) - There are a lot of documents that you want to use when you are setting up a business. One of the most important is a partnership agreement, at least when you’re going into business with someone else. These documents are often forgotten, overlooked or entirely neglected by people who assume they won’t need them. But - [Did a former employee violate a non-disclosure agreement?](https://brickbusinesslaw.com/blog/did-a-former-employee-violate-a-non-disclosure-agreement-2/) - Trade secrets are the lifeline of some businesses. It can be disastrous when they fall into the wrong hands. This can happen in many instances, such as when a disgruntled employee decides to retaliate against a former employer by disclosing valuable information to a competitor or another third party. Protecting your business Information spreads fast - [What to do if an employee becomes a potential liability](https://brickbusinesslaw.com/blog/what-to-do-if-an-employee-becomes-a-potential-liability-2/) - Business partners, employees and other team members are all pivotal to the success of a company. One bad apple can reek havoc, or worse, expose the company to liability. Over the years, you’ve tried your best to foster a positive working environment. You expect every member of your board, managers and employees to work hard. - [Cease and desist letters can help you stay out of court](https://brickbusinesslaw.com/blog/cease-and-desist-letters-can-help-you-stay-out-of-court/) - Businesses often use cease and desist letters to stop harmful and potentially illegal activity by another business or an individual without having to take the matter to court. While a cease and desist letter doesn’t have legal weight in and of itself, it puts someone on formal notice that they may be the subject of - [You need a partnership agreement before your business opens](https://brickbusinesslaw.com/blog/you-need-a-partnership-agreement-before-your-business-opens/) - If you and a business partner are looking to open a company together, you may have come up with the idea without getting formal paperwork in place. That’s fine, but make sure that you take the time to create a real partnership agreement before the business opens. There are a lot of advantages to having - [Setting up (and protecting) your small business brand](https://brickbusinesslaw.com/blog/setting-up-and-protecting-your-small-business-brand/) - You recently launched your company, but you are confident it is going to be a great success. You’ve got a small but solid team around you and the brand is eye-catching. Your staff also has unmatched expertise in the field. Nonetheless, the corporate world can be ruthless, particularly for companies that are just starting out. - [Why every small business needs an employee handbook](https://brickbusinesslaw.com/blog/why-every-small-business-needs-an-employee-handbook-2/) - Creating an employee handbook may seem low on the list of priorities when you are first starting a business. However, having this in place can provide an array of benefits. The book itself is a guide providing information about rules, expectations and more for employees. Also, having it in place can potentially help your business avoid conflicts - [Is it time to hire more employees for your business?](https://brickbusinesslaw.com/blog/is-it-time-to-hire-more-employees-for-your-business/) - You started a business a few years ago and it’s been a roaring success. Initially, you were on your own. As you grew, you took on a few team members. Lately, you’ve been securing new clients and some of them are quite substantial. Is your current workforce going to be able to handle the demands? How can - [How to hire a business attorney](https://brickbusinesslaw.com/blog/how-to-hire-a-business-attorney/) - Some of the biggest decisions that a new or growing company makes involve legal questions. To help with this, many business owners seek out business attorneys to guide them through the process. Having the proper business attorney can be very advantageous for your business and can help guide your company through a minefield of legal - [What is the difference between mediation, arbitration and litigation?](https://brickbusinesslaw.com/blog/what-is-the-difference-between-mediation-arbitration-and-litigation/) - If you own and operate a business of your own, one thing is certain: You’re bound to encounter an occasional disagreement. Your problem could be with a supplier, a customer, a service provider or another business. When business disputes escalate, they can take up a lot of time, energy and money, so finding ways to - [How to avoid a messy ‘partnership divorce’](https://brickbusinesslaw.com/blog/how-to-avoid-a-messy-partnership-divorce/) - The ending of a business partnership is not the same thing as a marriage breaking up. But there are a lot of similarities. In both a real divorce and a business partnership divorce, a close relationship has gone bad. Each party might blame the other for the deterioration, and there is likely to be bitterness and - [Is it too late to change my business’s structure?](https://brickbusinesslaw.com/blog/is-it-too-late-to-change-my-businesss-structure/) - If you are a business owner, you probably already know that there are many different kinds of business structures available to those who want to start a new business in Florida. Before you opened your business, you likely put a lot of time and effort into researching the pros and cons of various business structures - [The best ways for an entrepreneur to limit legal risk](https://brickbusinesslaw.com/blog/the-best-ways-for-an-entrepreneur-to-limit-legal-risk/) - When you start your business, the last thing you want is for all of your plans to be derailed by some sort of legal issues in the future. You want to set your business up for success, and that means limiting these risks. There are many ways that you can do this, and some of - [Why small business owners rely on business law attorneys](https://brickbusinesslaw.com/blog/why-small-business-owners-rely-on-business-law-attorneys/) - Every first week of May, the federal Small Business Administration celebrates Small Business Week. According to the SBA’s website, it will spend the week marking “the resiliency and tenacity of America’s entrepreneurs” and sharing “tools and information that entrepreneurs need to further power our economic growth.” One of the most critical tools in a successful small - [What can I do if my Florida business tenants won’t pay the rent?](https://brickbusinesslaw.com/blog/what-can-i-do-if-my-florida-business-tenants-wont-pay-the-rent/) - If you rent out commercial premises, you need people to pay on time. Aside from it being your source of income, you will have expenses that you must pay on time, such as the mortgage, bills, staff, repairs and upkeep. Business incomes can fluctuate from month to month, but tenants need to consider that before signing - [How do I collect business debts?](https://brickbusinesslaw.com/blog/how-do-i-collect-business-debts/) - Getting paid on time is crucial to keeping your business running. Yet, poor payers are one of the most frequent issues small business owners have to deal with. Often people think they can get away with delaying payment because of the personal relationship they have with you. Or, they figure you do not have the - [Common mistakes new business owners make](https://brickbusinesslaw.com/blog/common-hr-mistakes-new-business-owners-make/) - It can be an exciting time when your business has grown to the point that you need to hire your first employees. After trying to manage your small business on your own, you are finally ready to add some much-needed support. Employees can be a tremendous asset and help you provide a positive face for - [Law Firm Growth Podcast Features Kevin Brick](https://brickbusinesslaw.com/blog/law-firm-growth-podcast-features-kevin-brick/) - Why Operating Like a Business Grew This Firm by 369% in 3 Years Today, the Law Firm Growth Podcast, Hosted by Jan Roos published a new episode featuring Kevin Brick. The podcast focuses solely on the legal field, the challenges that firms face, and how successful attorneys address these issues. Kevin Brick, Managing Partner of - [How do I know if I have a good breach of contract business case?](https://brickbusinesslaw.com/blog/how-do-i-know-if-i-have-a-good-breach-of-contract-business-case/) - The business contracts you create when you start working with another company set clear rules for your working relationship. Or, at least, they should do so if they were properly written. If you feel the other company has let you down, your first port of call should be your contract. Take it out and reread - [Attorney Scott Miller volunteers for Quantum Leap fundraiser](https://brickbusinesslaw.com/blog/volunteering-for-quantum-leap-fundraiser/) - Recently, Senior Corporate Attorney, Scott Miller attended the Annual Quantum Leap fundraiser. The mission of Quantum Leap Farm is to improve quality of life and inspire personal growth through equine-assisted therapies. They serve children and adults experiencing mental, physical, or behavioral disabilities including those resulting from accidents or wounds of war. Scott had the opportunity to volunteer onsite aiding - [When is your business susceptible to theft, what can you do?](https://brickbusinesslaw.com/blog/when-is-your-business-susceptible-to-theft-what-can-you-do/) - Part of building your business is creating the assets that make it unique. You put in a lot of time and effort to help your company stand out and reach your customers. The traits that set your business apart also make it valuable and vulnerable. Several types of people and entities may recognize the value - [Understanding liquidated damages clauses in business contracts](https://brickbusinesslaw.com/blog/understanding-liquidated-damages-clauses-in-business-contracts/) - The unfortunate truth of business contracts is that people do not always perform their end of the bargain the way they say they will. Contract breaches are relatively common, and they cause countless headaches for business owners and executives. While many contract breaches give rise to costly and time-consuming litigation, sometimes that process can be made - [Recognizing unfair and deceptive business practices](https://brickbusinesslaw.com/blog/recognizing-unfair-and-deceptive-business-practices/) - As both a business owner or operator, everyone should know what qualifies as unfair or deceptive business practices. There is a lot to know about the laws surrounding these actions, making it hard to identify whether a business is engaging in this kind of behavior. To help everyone recognize these practices, here are a few common - [Brick Business Law, P.A. sponsors the Krchmar Classic](https://brickbusinesslaw.com/blog/brick-business-law-p-a-sponsors-the-krchmar-classic/) - At Brick Business Law, P.A., our work isn’t just limited to the offices and the courtroom. We are highly active in the community and strive to support those in need, and one of the annual events our firm is proud to take part in is the Krchmar Classic golf event. One of our senior attorneys, Joe - [Update: Florida’s Legislature’s Special Session Addresses Covid-Related Issues for Florida Businesses](https://brickbusinesslaw.com/blog/update-floridas-legislatures-special-session-addresses-covid-related-issues-for-florida-businesses/) - The recent Legislative Special Session produced a variety of solutions to major issues facing businesses in Florida. The Legislature’s special sessions addressed significant business and employee matters including employee and family protections, COVID-19 restrictions, environmental impacts, and Florida’s financial position. House Bill 1B prohibits private employers from mandating Covid-19 vaccination without providing employees the ability - [Kevin Brick appears on “That Entrepreneur Show” podcast](https://brickbusinesslaw.com/blog/kevin-brick-appears-on-that-entrepreneur-show-podcast/) - Kevin Brick, CEO and founder of Brick Business Law, made a recent appearance on “That Entrepreneur Show – Business Law and Investing Insight” podcast. This episode focuses on the legal information you need to know as a business owner and entrepreneur. You will learn areas you need to be aware of when forming a business - [Choosing the right business partner](https://brickbusinesslaw.com/blog/choosing-the-right-business-partner/) - It can be a thrilling experience when you think of an exciting new business idea. You might sit on the idea for a while so you can get ready for the right time, or you might be prepared to act right away. The early days of a new business can be challenging. As your plans - [Business divorce in the digital age](https://brickbusinesslaw.com/blog/business-divorce-in-the-digital-age/) - Partnership disputes are nothing new. In fact, many analysists agree that the majority of partnerships are doomed to fail. Fortunately, many business owners draft strong partnership agreements that provide for dissolution while including restrictive covenants. With the increasing popularity of online marketplaces, many organizations choose to maintain a significant presence in the digital arena. Additionally, - [The benefits of settling business disputes out of court](https://brickbusinesslaw.com/blog/the-benefits-of-settling-business-disputes-out-of-court/) - If you own a business in the Tampa-St. Petersburg, you are at risk of getting involved in a lawsuit. Whether you are sued by a customer, must sue a vendor, or a serious dispute erupts between yourself and your partner, litigation is an everyday fact of life in Florida’s business community. Though going to trial - [Common remedies for contract breaches](https://brickbusinesslaw.com/blog/common-remedies-for-contract-breaches/) - One of the most frustrating aspects of running a business is when you depend on someone to do something and they fail to deliver. Whether it’s a supply contract for merchandise or a service contract, if the other party breaches, it can cause considerable damage to your company in terms of time and money required - [Florida’s strong, broad-based law regarding unfair business practices](https://brickbusinesslaw.com/blog/floridas-strong-broad-based-law-re-unfair-business-practices/) - The American commercial landscape – both in Florida and nationally – is uniformly brisk and competitive. And that is hardly surprising, is it? The United States has been a business-oriented country from its inception and leads the world financially as a capitalist superpower. That status implies certain things about the business realm and marketplace. Foremost - [Building a business on a strong legal foundation](https://brickbusinesslaw.com/blog/building-a-business-on-a-strong-legal-foundation/) - If you are starting a business, the steps you take in the first stages will have an impact that lasts for years and decades to come. Here are a few simple tips to help you maximize your chances of success and to avoid common pitfalls. Choose the best business entity Will your business be a - [What fiduciary duties do corporate officers have to comply with?](https://brickbusinesslaw.com/blog/what-fiduciary-duties-do-corporate-officers-have-to-comply-with/) - If you’re an officer or director of a company, there are certain legal duties that the law expects you to comply with. Sometimes, another officer or a stockholder may perceive your actions as a breach of those duties, and they may sue you for it on behalf of the company. This will require you to - [4 common reasons for business partner disputes](https://brickbusinesslaw.com/blog/4-common-reasons-for-business-partner-disputes/) - You may have entered your business partnership with the intent to do everything in the business as a team, but a disagreement can make it difficult to remain united. What are some common causes of disputes in business partnerships? 1. Financial disputes Managing your business’s finances is key to your long-term success, but disagreements about - [Brick Business Law Honored as 18th Fastest Growing US Law Firm](https://brickbusinesslaw.com/blog/brick-business-law-honored-as-18th-fastest-growing-us-law-firm/) - Brick Business Law is honored to be recognized by the Law Firm 500 publication as the 18th fastest growing law firm in the United States in 2020. The Firm has had a relentless focus on advocating for businesses in Florida, whether through litigation, informal negotiations or general counsel services. The Firm’s growth has come primarily through repeat - [Attorney Brick Earns Board Certification in Business Litigation](https://brickbusinesslaw.com/blog/attorney-brick-earns-board-certification-in-business-litigation/) - Brick Business Law founding attorney Kevin Brick was recently awarded the distinction of Board Certification in Business Litigation. This is the highest level of competency and experience awarded by the Florida Bar. Currently there are about 108,000 members of the Florida Bar, but less than 250 have earned Board Certification in Business Litigation. Each year, the Florida - [Attorney Jocelyn Smith, Esq Joins Brick Business Law’s Business Litigation Practice](https://brickbusinesslaw.com/blog/attorney-jocelyn-smith-esq-joins-brick-business-laws-business-litigation-practice/) - In March, 2020 attorney Jocelyn Smith, Esq. joined Brick Business Law’s business litigation practice. Ms. Smith joins the firm as a senior associate-level attorney and will be working primarily on contract, corporate and commercial disputes and other litigation matters along with the firm’s current Senior Attorneys, John Koda, Joe Kennett and Kevin Brick. Ms. Smith - [Outline of Covid-19 Legal Issues for Florida Small Business Owners](https://brickbusinesslaw.com/blog/florida-small-business-legal-issues-related-to-covid-19/) - Below is a link to a white paper for Florida small business owners outlining legal issues related to Covid-19. Please contact us if you’d like to set up a free consultation with a business attorney related to a specific matter or concern. We are available by phone or video conference. We look forward to hearing from you. - [Brick Business Law wins Summary Judgment, Attorney’s Fees in Employment Defense Case](https://brickbusinesslaw.com/blog/brick-business-law-wins-summary-judgment-attorneys-fees-in-employment-defense-case/) - In the case of Colon v. Accountable Climate Solutions, Inc., Brick Business Law prevailed in its Motion for Final Summary Judgment in full defense of the Plaintiff’s case and was awarded its attorney’s fees and costs. The case was brought by a former employee of Brick’s client who claimed he was forced to work overtime and was - [The Need for New or Early Stage Businesses to Have a Legal Audit](https://brickbusinesslaw.com/blog/the-need-for-new-or-early-stage-businesses-to-have-a-legal-audit/) - One of my favorite books is “The 7 Habits of Highly Effective People” by Steven Covey. If you are starting a business, thinking about starting one or have one up and running and you have not read it, go read it. Anyways, in the book, one of the ‘habits’ is to “plan what you are - [Attorney Joe Kennett Joins Brick Business Law](https://brickbusinesslaw.com/blog/attorney-joe-kennett-joins-brick-business-law/) - Brick Business Law, P.A. is pleased to announce that Joseph Kennett, Esq. has joined the Firm as a Senior Litigation Attorney. Joe adds considerable trial, litigation and business experience to the Firm’s growing practice. Joe will be handling primarily business litigation matters for the firm out of the St. Petersburg office location. A link to - [Brick Business Law Welcomes Senior Litigation Attorney John Koda](https://brickbusinesslaw.com/blog/brick-business-law-welcomes-senior-litigation-attorney-john-koda/) - Brick Business Law, P.A. is pleased to announce that John Koda, Esq. joined the Firm as a Senior Litigation Attorney, effective July 2, 2018. John brings over twenty years of business, real estate, commercial and consumer litigation experience to the Firm and will be heading the Firm’s St. Petersburg/Sarasota practices. John’s full biography can be - [Brick Business Law Wins Judgment in Business Civil Theft Case](https://brickbusinesslaw.com/blog/brick-business-law-wins-judgment-in-business-civil-theft-case/) - On June 11, Brick Business Law prevailed in the final hearing in a case involving claims of conversion, breach of implied in fact contract and civil theft pursuant to Fla. Stat. 772.11. Brick represented a national seller of home environmental products which had a long-standing relationship with a vendor for the storage and transportation of - [Brick Business Law Wins Judgment in Civil Theft, Unpaid Wages Business Case](https://brickbusinesslaw.com/blog/brick-business-law-wins-judgment-in-civil-theft-unpaid-wages-business-case/) - In the case of Reitz v. Lopez, in the Circuit Court of Hillsborough County in Tampa, Florida, Brick Business Law won a final judgment for the Plaintiff for approximately $100,000 in a hearing held in March, 2018. The case involved a business dispute whereby the Defendant entered into an oral agreement with Brick’s client to share - [Brick Business Law wins Summary Final Judgment in Business Litigation Case](https://brickbusinesslaw.com/blog/brick-business-law-wins-summary-final-judgment-in-business-litigation-case/) - On January 15, 2018, Brick Business Law won a summary judgment motion for approximately $75,000 on behalf of the Plaintiff in the case of Lozon v. FFR Global Inc., et al. The damages awarded included approximately $10,000 in attorney’s fees and costs. The case involved a business financing arrangement between a Colorado distributor and a Florida - [Can You Win Your Attorney’s Fees In a Florida Lawsuit?](https://brickbusinesslaw.com/blog/can-win-attorneys-fees-florida-lawsuit/) - One of the questions I get asked most often by new clients is whether someone who files a lawsuit in Florida (or is sued in Florida) can win their attorney’s fees from the opposing party. Like many legal topics the answer is “it depends.” I hate giving this answer, which is why I look so - [Depositions: Preparing for Business Litigation Success](https://brickbusinesslaw.com/blog/depositions-preparing-business-litigation-success/) - A deposition is a discovery tool used by attorneys to compel witnesses and opposing parties to answer questions under oath. Generally, they should be used for three purposes: to gather information, to gain admissions and to test out theories of the case. As a former prosecutor and a business litigator, I have had the opportunity - [Florida Business Litigation: Attorney Brick Obtains Judgment and Attorney’s Fees Award in FDUTPA Case](https://brickbusinesslaw.com/blog/florida-business-litigation-attorney-brick-obtains-judgment-attorneys-fees-award-fdutpa-case/) - Appearing before the Circuit Court in Pasco County, Attorney Kevin Brick argued for and obtained a judgment and an attorney’s fees award on behalf of his clients in a Florida Deceptive and Unfair Trade Practices Act case in February, 2017. The case involved a corporate and an individual defendant who wrongly held themselves out as licensed contractors able to - [Attorney Brick Wins Injunction Hearing in LLC Derivative Action](https://brickbusinesslaw.com/blog/attorney-brick-wins-injunction-hearing-llc-derivative-action/) - On June 3, in the case of Yifat Shaolm, et. al. v. Nissim Sabatani, the Hon. Bruce Boyer of the Pinellas County Circuit Court conducted on evidentiary hearing on the Plaintiff’s Emergency Motion For Temporary Injunction Without Notice and to Expel And Dissociate Defendant As a Member of Reflection Fashions, LLC. The Plaintiffs sought wide-ranging relief in their - [Brick Business Law Recognized as a Best Resource for Businesses in Florida](https://brickbusinesslaw.com/blog/brick-business-law-recognized-best-resource-businesses-florida/) - Brick Business Law, P.A. was named as the 9th best “Small Business Professional Service” Provider in the entire State of Florida by Startup Savant, a resource guide for small businesses. The firm was the top law firm in the Tampa Bay Area to appear on the list, which includes multiple categories of top resources for business owners, entrepreneurs and - [Attorney Brick Wins Repeat Violence Injunction Hearing in Business Case](https://brickbusinesslaw.com/blog/attorney-brick-wins-repeat-violence-injunction-hearing-business-case/) - In the case of Tina Accomando-Himpler v. Phillip David Hines, attorney Kevin Brick successfully argued for the imposition of a repeat violence injunction against petitioner’s business partner, David Hines. After a contested evidentiary hearing in the Thirteenth Judicial Circuit in Hillsborough County, the court granted the full relief requested by attorney Brick in a Final Judgment - [Protecting a Business from Employee Theft of Trade Secrets: Part 2 – Technology](https://brickbusinesslaw.com/blog/protecting-a-business-from-employee-theft-of-trade-secrets-part-2-technology-2/) - There are some common sense ways for small businesses to minimize the threat of employee theft of trade secrets. This is the second in a three-part series on the subject. The first post, on using HR policies to protect trade secrets can be found here. Today’s post deals with the employer’s use and implementation of technology - [Protecting a Business from Employee Theft of Trade Secrets, Part 1 – HR Policies](https://brickbusinesslaw.com/blog/protecting-business-employee-theft-trade-secrets-part-1-2/) - Increasingly a business’ most important assets are digital in nature. Client databases, business plans, source code and other intellectual property often represent a significant portion of a business’ value. Technology such as cloud-storage and sharing applications make it simple for such assets to be shared, sent, manipulated, downloaded, transferred, accessed or deleted in a few - [My Small Business Was Defrauded – Now What?](https://brickbusinesslaw.com/blog/small-business-defrauded-now/) - Fraud victims often feel embarrassed, humiliated and helpless once they realize that they have been victimized. Business, internet and other fraud schemes are so pervasive that the FBI has outlined and notified the public of four categories of fraud schemes, each of which may target a business as well as an individual, as (1) Common Fraud - [Establishing a Breach of Contract without a “Time is of the Essence” Clause](https://brickbusinesslaw.com/blog/establishing-breach-contract-without-time-essence-clause/) - Generally, for a person to recover damages under a theory of breach of contract, that person has to prove that the other party committed a “material” breach of a contract causing damages to the plaintiff. Normally, a failure to perform a certain important task before a required contractual deadline would constitute a material breach if the ## Pages - [Home](https://brickbusinesslaw.com/) - Do you need legal counsel regarding a business law matter? 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Co-Counsel For Attorneys - Tampa Business Litigation Lawyer - [Senior Level Attorney](https://brickbusinesslaw.com/careers/senior-level-attorney/) - Our Opening Senior Level Attorney Opening at Brick Business Law Position: Senior Level Attorney Location: Florida Job Type: Full-time Overview Brick Business Law, P.A., is looking for a solo practitioner or senior attorney who is eager to leave behind the confines of their current role. The ideal candidate desires more autonomy and the ability to grow at - [Mariette Toribio](https://brickbusinesslaw.com/mariette-toribio/) - Meet team member Mariette Toribio. Brick Business Law, P.A. A trusted law firm for Florida businesses. - [Jason Labonte](https://brickbusinesslaw.com/jason-labonte/) - Our Team Jason Labonte Phone: 813-669-0122 Fax: 813-200-1032 Location: 3413 W Fletcher Avenue, Tampa, FL 33618 Email Us Biography Jason joined Brick Business Law, P.A., in January 2025 as the Director of Firm Operations . 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At Brick Business Law, P.A. we can ensure that you understand the scope of the issue, - [Real Estate Litigation](https://brickbusinesslaw.com/business-litigation/real-estate-litigation/) - Real estate litigation attorneys in Tampa, helping clients throughout Florida with property disputes and real estate conflicts. Call today. Free consultations. - [Who We Help](https://brickbusinesslaw.com/industry-and-business-specific-services/) - Brick Business Law, P.A., assists owners and managers of many types of businesses in several industries. We offer a free consultation to discuss your needs and how we can help. - [Construction Dispute](https://brickbusinesslaw.com/construction-dispute/) - Dealing With a Construction Dispute? From Contract Breaches to Payment Issues and Delays, Our Attorneys Can Help You Navigate Legal Challenges & Protect Your Interests. 813-816-1816 Book a Free Consultation Enter your information below. 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Successful owners know that there is a point where they - [Exit Planning](https://brickbusinesslaw.com/exit-planning/) - Are You Looking For An Exit Strategy Planning Lawyer To Help You And Answer Any Questions You May Have? Brick Business Law, P.A. Is Your Top Choice. Call Us Today. - [Whistleblower](https://brickbusinesslaw.com/employment-law/whistleblowers/) - Whistleblower laws have strict terms of enforcement. To discover the intricacies of such laws, contact the attorneys at Brick Law. Call our Tampa office at (813) 669-0122. - [ADA/FMLA/Pregnancy Fairness Act For Employers](https://brickbusinesslaw.com/employment-law/ada-fmla-pregnancy-fairness-act-for-employers/) - Our business lawyers ensure your business complies with ADA, FMLA and pregnancy laws. Contact us for a free consultation to protect your company from liability. - [Employment Law](https://brickbusinesslaw.com/employment-law/) - Do you need assistance with hiring, training, managing, and employee-related matters? 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Do you want to grow your career in an award-winning, fast-paced and supportive environment? Brick Business Law, P.A., is actively seeking talented attorneys to join our mission-driven team, focused on providing excellent and compassionate legal services to businesses. Our Current - [John S. Koda](https://brickbusinesslaw.com/attorney/koda-john-s-esq/) - Attorneys John S. Koda Partner Phone: 813-669-0122 Email Us Biography John S. Koda received his B.A. from Purdue University in 1984 and J.D. from the University of Florida College of Law in 1989. John is a member of the Florida Bar and is a charter member and Past-President of the Venice-Englewood Bar Association (now the - [Practice Areas](https://brickbusinesslaw.com/practice-areas/) - Practice Areas As a business owner, you face a myriad of legal issues. As a result, having advice and support from a knowledgeable law firm can best protect your company’s interests and put you in the best position to reach your business goals. 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