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Benefits of Outsourced General Counsel Services

Benefits of Outsourced General Counsel Services

Business Law
Your company may be new, and you may not have the budget to hire a full-time attorney. You may still have the need for legal services, however, and you should not go without them. An outsourced general counsel can enable you to hire an attorney without needing to bring one on to your staff. It is a cost-effective way to get legal help without taking on more than you can financially handle. When you hire an outsourced general counsel, you pay for only the legal services that you need. You could hire the outsourced general counsel on an as-needed basis, or you may use their services for a specified period.  Regardless of which method you choose, you would get a dedicated attorney who takes the time to learn about and…
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Drafting an Operating Agreement

Drafting an Operating Agreement

Business Law
A limited liability company is an important legal option for your business that can both protect you personally and give your company added credibility in the eyes of stakeholders. LLCs are governed by operating agreements. These are binding on your LLC, so it is important that you get it right when you first draft it. Otherwise, you could end up in costly litigation. Even though Florida law does not require your LLC to have an operating agreement, it is a good idea to have one anyway. There are a number of choices that you must make when you are drafting an operating agreement. Here are some things that your operating agreement should cover: The number of members How management is to be structured Member investment in the LLC How profits…
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Who Should be Your POA?

Who Should be Your POA?

Estate Planning
A person who holds power of attorney has a significant amount of responsibility. They act in your stead when you can no longer make certain key decisions. Therefore, you should be confident that the person you select has the ability and necessary skills to act in this critical role. Choosing someone to hold your power of attorney is not a decision that should be taken lightly. There are two primary types of power of attorney: Financial power of attorney Health Care power of attorney For someone to make financial decisions for you, they should have the required judgment and expertise. They should both understand financial matters and know how to carry out what they believe to be your wishes. The person should be level-headed and financially savvy. For a health…
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Should You Form an LLC?

Should You Form an LLC?

Business Law
When you are starting a business, you must balance efficiency with your own personal protection in case something goes wrong with your venture. You could be held liable for debts and judgments if you do not have the right business structure. A limited liability corporation can potentially help you form an operating business while protecting you from liability. The reason why people will form an LLC has to do with its name. If you have a sole proprietorship, you are the company. If you end up with business debts or you injure somebody, you could end up being made to pay yourself. When you form an LLC, your liability is limited to the assets of the business (subject to some exceptions). An LLC is relatively easy to start. You would…
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Do Contract Disputes Go to Court?

Do Contract Disputes Go to Court?

Contract Disputes
While contract disputes are not inevitable, they happen more often than you think during the course of performance. In some cases, they will end up in litigation, but that does not always mean that your case will end up in front of a judge. There is a difference between a case going to court and going to trial. Many cases will go to court when one or both parties file a lawsuit. However, you may work on negotiating a settlement at some point during the legal process. It is common for both parties to resolve their difference between the time that the lawsuit is filed and when the case would go in front of a judge or jury. In fact, a civil trial is very rare. Most cases will settle…
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Common Title Issues

Common Title Issues

Real Estate
Problems with the title can get in the way of what you think will be a routine closing. Title companies report that they have to do some work to resolve title issues in roughly one-third of closing. Here are some common issues that could impact your closing. Liens When a property owner owes money, one way that someone can potentially collect is by placing a lien on the property that gives them an entitlement to sell the property to recover all or part of the debt. A lien is attached to the property, as opposed to being levied against a person. Therefore, the lien would pass with the property if it is not detected or resolved. Unclear Boundaries and Easements The neighbor may claim part of the property because the…
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Steps to Form a Business

Steps to Form a Business

Business Law
From a legal standpoint, forming a business is not something that happens automatically. It takes work and planning to make the necessary choices and execute them. An experienced business law attorney can work with you on this process. The first step is to choose a business structure. You have various options, and the one that you select could determine things such as: Your personal liability for your business debts and obligations Your tax status Whether your business would survive owner disputes The reporting obligations for your business Then, there are numerous registrations that you would have to file, including: With the Florida Department of State Registering the business name Registering with the IRS to receive an employer tax identification number Registering with the Florida Department of Revenue In addition, you…
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What is a Bad Faith Insurance Claim?

What is a Bad Faith Insurance Claim?

business law FAQ
Even if you are not their customer, an insurance company has certain obligations to you under state law. Although every insurance company has their toolbox of tricks that they regularly use to make your life more difficult, there is such a thing as crossing the line. If they do, you can file a bad faith claim directly against the insurance company. While you may expect insurance companies to make lowball settlement offers and try to save themselves some money, you would still expect them to make good on their obligation to pay claims when a policyholder causes damages. A bad faith claim refers to situations where an insurance company tries to avoid its legal obligations by reneging on its obligation to pay. Insurance companies can engage in bad faith by:…
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Common Title Issues When Purchasing Real Estate

Common Title Issues When Purchasing Real Estate

Real Estate
The title is what ensures that you actually own the real estate that you purchase. Before the deal closes, you must ensure that the title is completely valid. Otherwise, you may not be getting the full benefit of the bargain. Easements One common issue is an unknown easement on the property. An easement allows someone else to use part or all of the land for a certain purpose. When there is an easement, you have to share use of the land. Someone else may have access to the property. Undiscovered Encumbrances Someone else may hold a lien on the property. There could be a third party, such as a bank or the government, that was not paid what they were owed. The lien attaches to the property itself, as opposed…
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Drafting Enforceable Business Contracts

Drafting Enforceable Business Contracts

Business Law
The terms of your business contracts will be what protect you in the event of a dispute. However, the contract may not always be enforceable if the matter is litigated in court. Here are some tips for drafting enforceable business contracts. The first thing is to make sure that the goals of the contract are clear. Each agreement requires consideration. Each party must do something for the other or give up some sort of right. The language of the contract should be clear and definite and should leave no doubt as to key terms. In that regard, your contract should contain all the key terms of an agreement and not exclude anything. Make sure that you state that the contract represents the entire agreement between the two parties, so there…
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