Recent Blog Posts
Business Bankruptcy: Options and Alternatives for Companies in Financial Distress
For companies in financial distress, pursuing a business bankruptcy can provide a favorable path forward. Liquidation and reorganization bankruptcies both offer a path toward a fresh start—whether this involves shutting down and starting over or remaining in business with a manageable debt load. But, when considering a business bankruptcy, it is important that business… Read More »
What to Expect (and What Not to Expect) in Commercial Arbitration
Going to arbitration can be an effective means of resolving a wide variety of commercial disputes. Arbitration provides a binding resolution (unlike mediation), but it costs less in terms of both money and operational resources than litigation. Since arbitration proceedings are private, they also avoid the publicity of trial—as well as the risk that… Read More »
Financial Disputes Among Business Partners: Common Issues and Possible Means of Resolution
Financial disputes among business partners are not uncommon. Whether arising during the entity formation process, in the course of a business’ operations, or when one or more partners exit the business, these disputes can disrupt the partners’ business plans, threaten long-standing relationships, and have negative outcomes for clients and customers. When financial disputes arise,… Read More »
Resolving Issues Arising Out of a Business Breakup (or Business Divorce)
Business breakups can be both time-consuming and expensive. They often end long-standing relationships; and, while cutting ties may be the best option under the circumstances at hand, it can present a variety of challenges that all parties involved must work to overcome. In a business divorce, the parties either need to be willing to… Read More »
Proving a Fraudulent Conveyance in a Business Bankruptcy Case
When a business files for bankruptcy, its creditors have the right to protect their interests by seeking payment through the bankruptcy estate. Under the U.S. Bankruptcy Code, businesses that file for bankruptcy must fully disclose their assets that properly belong in the estate, and they may not transfer assets prior to (or during) the… Read More »
When Can (and Should) Businesses Pursue Claims for Fraudulent Inducement in Florida?
Business fraud can take many different forms. But, one of the most common forms is what is known as “fraud in the inducement,” or simply fraudulent inducement. Fraudulent inducement involves making false or misleading statements in order to secure a contract (or “induce” contract execution) and then relying on ongoing concealment to keep the… Read More »
Subchapter 5 Bankruptcy: Understanding the Benefits for Small Businesses
The federal Small Business Reorganization Act (SMRA) established streamlined procedures for eligible small businesses seeking protection under Chapter 11 of the U.S. Bankruptcy Code. These procedures exist under the new Subchapter 5, and filing for bankruptcy under Subchapter 5 offers several benefits to small businesses that qualify. Here, a Miami Chapter 11 bankruptcy lawyer… Read More »
Indemnification and Other “Boilerplate” Provisions Impact Commercial Contract Disputes
Most business owners and executives don’t give much (if any) thought to the “boilerplate” provisions in their companies’ contracts. While they may put a significant amount of effort into negotiating the financial and commercial terms of the deal, they may simply rely on their companies’ legal counsel to ensure that the boilerplate terms at… Read More »
Tips and Strategies for Defending Against Consumer Fraud Litigation
Consumer fraud litigation is a risk for many types of businesses. Whether lawsuits come from individual plaintiffs or in the form of class action complaints, consumer fraud claims can lead to both substantial liability and substantial negative publicity. As a result, businesses need to defend against these claims strategically, and business owners and executives… Read More »
How Do You Prove a Claim for Contract Fraud?
Contract fraud can be costly, and unfortunately, it is far more common than it should be. If you believe (or have concerns) that a vendor, joint venture partner, shareholder or other party may have defrauded your company, you should consult with a Miami fraud lawyer promptly. In many cases, taking appropriate legal action as… Read More »