By H. Clay Parker, Esq. | Published July 30, 2022 | Posted in Business Contracts | Tagged Tags: confidentiality clause, jurisdiction, termination contract | Comments Off on Clauses That Should Be Included in Every Business Contract
Clauses That Should Be Included in Every Business Contract
For most companies, business operations are far too complicated to rely on handshake agreements. The best way to be sure that all parties understand and agree on all contractual responsibilities is to put everything in writing. The more complex the transaction, the more the need for a comprehensive agreement that controls each party’s obligations and Read More
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Common Defenses to Florida Foreclosure Actions
In Florida, if a borrower fails to pay installments on a loan secured by a mortgage, the lender can file a foreclosure lawsuit to force a sale of the collateral property. Foreclosures are judicial cases that are subject to due process and an opportunity for the borrower to be heard. When answering a foreclosure complaint, Read More
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The Importance of Providing for Arbitration in Your Contracts
An arbitration agreement is a clause in a contract that allows the parties to settle disputes outside of the traditional court system. Arbitration is a form of alternative dispute resolution resembling a private trial, in which an arbitrator — a neutral party acceptable to both sides — makes a decision based on the evidence and Read More
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Five Ways a Poorly Crafted Non-Compete Agreement Can Fail
A non-compete clause is a contractual agreement that an employee will not compete with the employer’s business during employment or will not work in or start up a competing business for a fixed period of time after leaving the employer. A non-compete agreement can place geographic restrictions on where a former employee can work and Read More
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What Minority Shareholders Need to Know About Their Rights in Internal Corporate Disputes
Minority shareholders are at a disadvantage when internal corporate disputes arise. In some cases, these shareholders are entitled to vote on certain important decisions, such as changes to the company’s articles of incorporation. But even if they don’t have such rights, they are owed certain duties that need to be respected and, if necessary, enforced Read More
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Suing Another Business for Tortious Interference
Competition among businesses can be healthy, but not when one company tries to undermine another’s contracts or business relationships. If you find your business has been injured by such tactics, you may be able to bring a lawsuit seeking damages for tortious interference. Plaintiffs suing for tortious interference in Florida must prove these four elements Read More
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Raising Affirmative Defenses to Fight Breach of Contract Claims
If someone sues you or your business for breach of contract, your response can go beyond simply denying the plaintiff’s claims against you. You also can assert what are known as affirmative defenses. These are essentially reasons why your actions were permissible and why the plaintiff should not prevail. They are called affirmative defenses because Read More
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Resolving Business Ownership and Management Disputes
Operating a business always carries the risk of running into legal problems, and they don’t always involve outsiders. Disputes can arise among co-owners and/or executives and managers, which can threaten or cause harm to the business just as much as outside forces. It is vital to timely detect potential problems that could be seeds of Read More
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Are Sellers Liable for Misrepresenting the Condition of Commercial Property?
The legal doctrine of caveat emptor — “let the buyer beware” — means that buyers are responsible for inspecting the quality and condition of property prior to purchase. If they fail to do so, they usually cannot hold the seller liable for any defects, even those that the seller did not disclose. Although Florida law Read More
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Do’s and Don’ts of Nondisclosure Agreements in Employee Contracts
Businesses have a legitimate need to protect their trade secrets and intellectual property. An effective way to do that is to require employees and independent contractors to sign a nondisclosure agreement (NDA), forbidding the sharing of confidential information with competitors. While NDAs are generally legal in Florida, courts tend to scrutinize them carefully and will Read More
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