Archive for the ‘Business Law’ Category

When Do I Have a Good Breach of Contract Case?

Sunday, October 30th, 2022

When Do I Have a Good Breach of Contract Case?

At the MLG Business Litigation Group, our Florida and California attorneys know there is more to a breach of contract cases than being unhappy with the way an agreement unfolds. Certainly, when two or more parties have entered a contract, the expectation is that each will perform according to their agreement.

Unfortunately, multiple factors can interfere with that being true. Unexpected circumstances can lead to delivery delays that impact everyone involved. But when are these issues considered a breach of contract?

The answer is, it depends on the contract. Let’s discuss this.

Factor One: Is There a Legitimate Contract in Place?

The very first hurdle in pursuing a successful breach of contract case is proving there was a contract to begin with. That means you can prove there was a voluntary and lawful agreement in place. If you have a signed contract, this element is already determined. If you had a verbal contract, an email, or another communication that is less specific, your case may be less sturdy.

Factor Two: Did One Party Negligently Perform or Fail to Perform the Duties Outlined in the Contract?

Business contracts are essentially put in place to obligate one or more parties to do something. Depending on your business and industry, that something differs. However, the contractual obligation to perform remains the same. If one or more parties negligently perform or fail to perform their obligations, you may have a legitimate breach of contract case.

Factor Three: The Breach of Contract Resulted in Tangible Damages

If the offending party breaches its obligations but does so in a way where the harm was minimal, it may not reach the legal standard for a breach of contract case.

However, if you can prove there was a monetary or property loss that resulted in substantial, tangible harm to your company, you may have a legitimate breach of contract claim.

Can I Pursue a Legal Claim Against the Individual or Business for Breach of Contract?

If you are unsure whether you have a viable breach of contract claim, the skilled attorneys at MLG Business Litigation Group can help you understand your legal rights and options to hold the offending party liable for the damages you have suffered — inside or outside the courtroom.

Call MLG Business Litigation Attorneys in Florida & California Today

If you are looking for experienced legal counsel you can trust, contact our breach of contract lawyers at MLG Business Litigation Group in Florida and California today at (786) 706-9228 to schedule a free initial consultation to learn more about our law firm, while we learn more about your unique business and legal needs.

What are the Benefits of Handling Business Disputes Outside the Courtroom?

Sunday, October 16th, 2022

What are the Benefits of Handling Business Disputes Outside the Courtroom?

Our MLG Business Litigation Group attorneys in Florida and California know how hard business owners have worked to get their companies off the ground and operating successfully. It does not happen overnight, which means multiple working relationships must be in place to nurture consistent growth.

When there is a dispute between business partners, vendors, or contractors, the distraction can become time consuming, taking you away from running the business you envisioned.

Our skilled business litigation attorneys understand the need for swift, effective service, and have experience resolving disputes between businesses of all sizes in many industries.

We help provide creative dispute resolutions that benefit your business.

Business Dispute Mediation Provides Multiple Benefits

Business dispute mediation is an opportunity to gain a greater understanding of why the dispute arose, so you may avoid similar issues going forward. While that may help in the long term, we understand that resolving the current dispute is the priority.

Working with experienced business litigation attorneys means understanding the value of using their skills outside the courtroom.

Settling your dispute outside the courtroom provide numerous benefits, including:

  • The opportunity to talk with someone impartial, so you understand how the legal standards will impact your dispute, should you go to court.
  • The dedicated physical and mental space to help you overcome communication obstacles with the other person or party in your dispute.
  • The flexibility to negotiate a dispute resolution that fits each party’s needs through civil negotiation tactics.
  • The creative outlet to solve your dispute between the involved parties, so a judge or jury is not determining the outcome for you.
  • The peace of mind of knowing what you say in mediation is completely confidential, and never part of the public record.
  • The financial savings to solve the dispute quickly and effectively, saving potentially expensive legal fees incurred during the litigation.
  • The time-saving approach to resolving your dispute, shortening the distraction and time spent away from focusing on your company.

Mediation agreements and their self-determined outcomes not only allow you to remain in control of the process, but they are also fully enforceable.

Call MLG Business Litigation Attorneys in Florida & California Today

If you are looking for experienced legal counsel you can trust — inside and outside the courtroom — contact our MLG Business Litigation Group in Florida and California today at (786) 706-9228 to schedule a free initial consultation to learn more about our law firm, while we learn more about your unique business and legal needs.

When is it Too Late to Change My Business Structure?

Friday, September 30th, 2022

When is it Too Late to Change My Business Structure?

Our MLG Business Litigation Group business formation attorneys in Florida and California know how important it is to start your company on the right legal footing. That includes choosing a business structure that aligns with your current and future goals in the beginning.

Whether you started your small businesses to operate as a sole proprietorship or LLC, your company may ultimately be best served as a partnership, corporation, or cooperative.

That is difficult to know upfront, especially when growth opportunities take you by surprise.

The reality is, it is possible to change your business structure at any point, but a change will require careful consideration, planning, and consultation from business and legal professionals.

Here are a few common changes business owners throughout the U.S. make often.

Converting a Sole Proprietorship to an LLC

When one person starts out on his or her own, it may make sense to initially operate as a sole proprietorship. However, it may not take long to realize this organization type puts your business more at risk than it needs to be.

Commonly, sole proprietors convert their companies to LLCs to create a clear division between business and personal assets.

Sole proprietorships operate under an individual’s social security number and are not registered business structures. That means all the business owner would need to do is take the necessary legal steps to form an LLC.

Converting an LLC to a Corporation

Some LLCs grow quickly and require restructuring to evolve.

Once an LLC reaches a certain size, converting to a corporation may be the next logical step.

The process of converting from an LLC to a corporation will depend on the state in which you operate, but can be much simpler with legal representation, so you are shifting your goals smoothly and within the letter of the law.

Converting a C Corporation to an S Corporation

C Corporations tax both the business profits and individual income, which may require converting to an S Corporation to lower taxes.

S Corporations are not subject to federal income tax, since they qualify as “pass-through” business entities, which allow shareholders to pay income tax only on their own profits.

Shifting from a C Corporation to an S Corporation requires filing the proper paperwork with the Internal Revenue Service (IRS). However, there are eligibility and timing requirements that the current C Corp must qualify for before making the transition. We can help.

Call MLG Business Litigation Attorneys in Florida & California Today

If you find the time has come for your company to evolve, and you are ready to take the next step, we can help you successfully navigate today’s crowded business landscape and ensure you are aware of all the benefits and potential ramifications of converting your company to a different operating structure before finalizing your decision.

Contact our MLG Business Litigation Group in Florida and California today at (786) 706-9228 to schedule a free initial consultation to learn more about our law firm, so we can help you align both your business and legal needs.

How to Protect Your Business from Potential Lawsuits?

Tuesday, August 30th, 2022

How to Protect Your Business from Potential Lawsuits?

Our MLG Business Litigation Group attorneys in Florida and California know that a single lawsuit initiated by a business partner, employee, or vendor can jeopardize the business you have worked tirelessly to build.

Part of the reason we partner with our clients is to help ensure they are protected from frivolous lawsuits that could cause irreversible damage to their partnerships, reputation, and bottom line.

Here are a few tips to help protect your business from potential lawsuits before you even open its doors.

Structure Your Business Properly

When your business is built on a solid legal foundation, partners or shareholders will have little room to pursue a lawsuit during a dispute later.

At MLG Business Litigation, our California and Florida attorneys provide flat rate fee business start-up and document review packages that ensure that your company is legally compliant with all state and local laws, and that all partnership agreements are in writing and legally binding.

All Other Business Agreements Must Be in Writing

Partnerships are not the only agreements that must be outlined in writing. All third-party contracts, including those with vendors and other important professionals, must be in writing, so they too are legally binding. This not only ensures each party understands their responsibilities but provides the opportunity for out-of-court dispute resolution should a breach of contract occur.

Keep Accurate Records for All Business Transactions

If you do not have an in-house accounting department, invest in an accounting system that will allow you to keep accurate business records. Even if you are the only employee, or if you share the office with just a partner, all personal and business finances must remain separate throughout the company’s existence. All sales, production or service costs, taxes, and other important financial information must be kept in detail, so you have records from all transactions.

The lack of paperwork opens the door to litigation. Keeping proper records allows you to be proactive, not reactive.

Practice Good Employment Practices

Business partners, vendors, and other third parties are not the only ones who can file a lawsuit against you. So can your employees.

Discrimination, harassment, and wrongful termination lawsuits are rampant in businesses across the United States. When you take the time to train employees in these important areas, distribute employee handbooks, and emphasize your commitment to good employment practices and behaviors, you minimize your risk for employment lawsuits.

Have Business Insurance Coverage in Place

Purchasing business insurance coverage is crucial to mitigate the financial impact of a potential lawsuit. An insurance policy can provide the necessary damages you owe a third party if you were to be held responsible for a financial payment after the lawsuit is filed. This coverage protects the future of your company too, as the business will not be responsible for the damages out of pocket.

Work with an Expert Business Litigation Attorney in Florida or California

Our MLG Business Litigation Group attorneys in Florida and California help our clients understand the practical steps they can take to protect their businesses from lawsuits, before any potential litigation issues arise. Whether you are just getting started or would like to take a closer look at your business operations, risks, and legal vulnerabilities, call us today at (786) 706-9228 for a free case evaluation. We can help align your vision with a lawsuit-free future.

How to Hire a Business Attorney?

Tuesday, August 16th, 2022

How to Hire a Business Attorney?

Our MLG Business Litigation Group attorneys in Florida and California know that at some point, all U.S. businesses are going to need a lawyer to ensure their legal rights and options are protected.

While the nature and objectives of your business will determine the legal expertise that is most valuable to you, our Florida business litigation attorneys can provide specialized representation from the beginning, including drafting, reviewing, and finalizing agreements, and maintaining proper corporate records. We are also here to protect our clients during times of distress to prevent litigation, and aggressively fight for their position when moving the dispute inside the courtroom is their best course of action.

Here are a few tips to partner with a business law firm you can trust.

Get a Referral From a Legitimate & Trusted Source

Business owners often have a network of trusted friends, colleagues, and other professional relationships with individuals who can point them in the right direction when they are seeking partnerships with vendors, contractors, and even business attorneys.

Getting a referral from a reliable friend or attorney can maximize your chances of finding legal counsel who is competent, diligent, and trustworthy.

Do Your Research

With or without legal counsel recommendations, you are going to want to do your homework on the law firm you are choosing to partner with before you need their counsel.

Research each attorney and their law firms to understand their background, expertise, and how they can help you move your company forward.

Look for their specific practice area concentrations, and how they relate to your business. Review their educational background, years in practice, and any notable publications or transactions noted on their dossiers.

Most law firms also have a social media presence, including professional profiles on LinkedIn, Facebook, or Twitter, and are listed on their relevant state bar association websites to confirm their license to practice law, and whether they have had any disciplinary actions taken against them.

Look for the law firm or individual attorney’s Google reviews, or simply type their name into Google for a quick search that will reveal different angles of their personality and accomplishments.

Learn More During a Free Consultation

Once you have had the opportunity to research your potential legal partner, set up an initial consultation with your prospective counsel, so you can share the full scope of your legal needs.

If possible, you should conduct this first meeting in person, so you can understand how the business attorney can help you move your vision forward and establish that your expectations are aligned.

Clearly defining your company’s needs allows you to proceed with your attorney search in a more productive manner. We can help.

Call MLG Business Litigation Attorneys in Florida & California Today

If you are looking for experienced legal counsel you can trust, contact our MLG Business Litigation Group in Florida and California today at (786) 706-9228 to schedule a free initial meet and greet to learn more about our law firm, while we learn more about your unique business and legal needs.

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