Articles Posted in Business

Can a New York judgment reach Florida assets? Sure. The US Constitution says every state must give full faith and credit to the judgments of every other state. So, a Florida lawyer can take that New York judgment to a Florida court and, by following a statutory procedure, domesticate the judgment so that it is…

It looks easy to form a nonprofit corporation in Florida: just go to www.sunbiz.org, select online filing of a Florida nonprofit corporation, pay the filing fee by credit card, and BAM! you’ve got your Florida nonprofit corporation. But a Florida nonprofit lawyer will tell you that you are missing some things. The online filing of…

Experts report that teenagers know just 800 words but should know 40,000. These future contract signers have grown up on Facebook, Twitter and cellphone texting. They might not understand the words that Florida contract lawyers draft. Therefore, we must draft contracts with fewer words. The ones the kids know. Retired Villanova law professor Michael Walsh,…

It’s important for all Florida corporations to hold an annual meeting of shareholders and an annual meeting of directors. Even if it’s not a Fortune 500 company. Even if it has just one shareholder. Why? To elect directors and officers, review annual financial statements, and do the other things that corporation shareholders and corporation directors…

It’s very easy to form a Florida corporation these days. Perhaps too easy. All you have to do is go to www.sunbiz.org, fill in names and addresses, answer a few questions, and charge the filing fee to your credit card. Then whammo you’ve got a new Florida corporation. The problem is if that’s all you…

A contract is only as good as the ability of each party to perform it. So, it’s important to check out the other party before signing a contract. It’s easy to do in Florida. We have lots of free online databases. Here are a few: 1-Florida Division of Corporations: Here you can search for the…

In all the excitement of starting a new business, coming up with the name is probably the most fun, challenging and difficult items in your checklist. It gets even more exciting when you consider the legal aspects of naming a business. Business names often become trademarks because they identify the source or origin of goods…

The 2010 Florida Legislature is considering a law regulating how to remove data from computer media. It would apply to all state agencies and private corporations and entities doing business or located in Florida. If adopted, HB 279 would become effective 7/1/10 and would mandate use of the purge or physical destruction techniques set forth…

Florida courts generally obtain jurisdiction over a defendant when a summons and complaint is properly served on the defendant. When the defendant resides outside Florida, the process server is usually unfamiliar with Florida’s process service requirements. This often results in invalid service of process, which means the court lacks jurisdiction. In such cases, the defendant’s…

A recent Florida case illustrates why I don’t like arbitration clauses. If the arbitrator makes a decision that misapplies the law, the losing party is stuck with the bad decision. Call me old fashioned, but I want to be able to appeal the case when the decision-maker misapplies the law. Iwant the chance for an…