Bite-Sized Bits of Knowledge
Business Planning
Your Guide to Alternative Dispute Resolution
Recently we took a bit of a deep dive into litigation, covering the process in general and then taking an expanded look on why you probably want to avoid it in most instances. One of the ways you do that? By engaging in alternative dispute resolution. What exactly is...
The Reality of the Litigation Process (and Why to Avoid It)
Often, people come to us gung-ho about suing someone to make them pay for some wrong they have had to endure at the hands of the other party. Perhaps a business partnership went sour. Or they feel slighted in a will.This desire to jump straight to litigation is...
What Is Litigation? Basic Concepts and Why to Avoid It
Learn what is litigation from a knowledgeable Florida business attorney, as well as the reasons that you should try to avoid it.
Exit Planning Overview
"You set the price, and I will set the terms" is the age-old saying when it comes to selling a business. The price is not paramount when it comes to exit planning. The terms are. Lots of things go into how how the price and terms are set....
What Should You Know about How Your Patent Fits into Your Estate Plan?
Patents are a practical reality for any business that participates in the development of novel processes or products. And, not surprisingly, patents in estate planning merit special consideration. They may be accidentally neglected, like trademarks and copyrights,...
Transfers – Sale mechanism and problems with trusts as owners
Sales of shares, membership interests, partnership interests, etc. can be done in a variety of ways. Of course it’s customizable and can be tailored to the needs of the client. What's common to all entities is the structure involved. We...
Transfers – Slicing and Dicing and Wrongful Transfers
Remember that some entities allow for slicing and dicing of rights with respect to shares of ownership. That means that you can own voting rights and economic rights, and you can separate the two of them. Other entities do not have that...
Transfers – Rights of First Refusal
It's very common to build in a right of first refusal into a governing document. It's a way of keeping the shares in the family. The way it works is that the partners have a right to match the material terms of any bona fide offer from a...
Transfers – Involuntary Termination of Employment or Membership Interests
Termination of employment is a common trigger of an involuntary transfer. If you give a key person equity, and they leave the closely held company, then typically they cannot and reasonably should not retain their shares. They are are...
Transfers – Involuntary Disability Trigger
Disability is a common trigger of an involuntary transfer. If someone cannot perform, they are not able to contribute to the business. They will, meanwhile, continue to own shares and receive distributions (not salary). That alone is a...
