News from Roberts Law
Non-Compete Agreements – April 2024 FTC Final Rule and the Future of Enforceability?
In theory, non-compete agreements can serve important and legitimate business purposes; prohibiting employees from working for a competing business or direct competitor in the same field and sharing trade secrets or confidential and/or proprietary information....
S-Corporation Primer
Primer on S-Corporation Basics, Ownership Restrictions, and Election Considerations An S-Corporation (S-Corp) is a specific type of corporation that elects a special tax status with the Internal Revenue Service (IRS) in the United States. It's named after Subchapter S...
The Corporate Transparency Act is Here: Is Your Business Ready?
As of January 1, 2024, most small businesses in the United States (now classified as “reporting companies”) will be required to submit reports and updates to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) that disclose specific company...
Challenges to 50/50 ownership in a business
The question of whether 50/50 ownership of a company creates issues largely depends on the specific circumstances and dynamics of the individuals involved. While a 50/50 ownership structure can have advantages, such as shared decision-making and equal control, it can...
Are Non-Solicitation Clauses Enforceable in Florida?
It is common for various Florida business contracts to include non-solicitation clauses (also known as non-solicit clauses), which typically refer to a provision that restricts one party from soliciting or actively seeking to do business with the customers, clients,...
NON-SOLICITATION CLAUSES IN FLORIDA CONTRACTS
In the context of a Florida contract, a non-solicitation clause typically refers to a provision that restricts one party from soliciting or actively seeking to do business with the customers, clients, or employees of the other party. The purpose of a non-solicitation...
Kelly Roberts named as 2023 Florida Super Lawyer in Business/Corporate Law
Roberts Law, PLLC is pleased to announce that Kelly Roberts was selected as a 2023 Super Lawyer in the area of Business/Corporate Law for the 2023 Florida Super Lawyers list. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from...
Does Your Company Need a Privacy Policy?
When do you need a privacy policy? A company typically needs a privacy policy when it collects, uses, or processes personal information. The requirement for publishing privacy policies arises when a company operates in jurisdictions with privacy laws that require...
Does Florida’s New Digital Bill of Rights Apply to Your Business?
On June 6, 2023, Florida Governor Ron DeSantis signed legislation to create a “Digital Bill of Rights for Floridians” (SB 262). At signing, Floridians were told that they “should have the right to control their own personal data.” The newly created Digital Bill...
Shareholder’s Guide to Avoiding Probate of Shares
Probate can be a time-consuming and inconvenient way to pass property, assets, or a business to heirs or intended successors. It is also unattractive since probate could tie up the future of the business and its management for a period of several years and cost tens...
What is a SaaS (Subscription as a Service) Agreement?
Roberts Law is happy to help our company clients draft their customer-facing agreements. One such agreement is a Subscription as a Service agreement (also known as a SaaS agreement). SaaS agreements are contractual agreements between providers and...
Enforceability of Florida Non-Compete Restrictions
Many Florida businesses include non-competition ("non-compete") clauses in their employment agreements. There are two sides to the debate about whether non-compete agreements and clauses are reasonable and when employers unfairly use and enforce these competition...
What to know before setting up a Delaware entity for a Florida Business
Many websites and online sources push Florida business owners to form a Delaware corporation, as this is the alleged “gold standard” of business entities. In some cases, forming a Delaware corporation can be advantageous based on your operations and plans for the...
Buying a Business: Understand the Difference between an Equity & Asset Purchase
When buying a business, it is crucial to identify what is being purchased and the structure of the transaction. When buying a business, the two primary types of transactions are an equity purchase and an asset purchase. Each method has distinct implications for the...
Requirements for Florida Businesses seeking Investors
Many Florida business owners do not understand the required disclosures and work involved when seeking contributions from new investors. In Florida, as in other states, a company seeking investment is typically required to provide certain disclosures and information...
What is the difference between a PA and PLLC?
In Florida, both Professional Associations (PAs) and Professional Limited Liability Companies (PLLCs) are specific business entities designed for licensed professionals, such as doctors, lawyers, accountants, architects, and other regulated professions. However, there...
What is a Nondisclosure Agreement (NDA)?
A nondisclosure agreement ( commonly called an NDA) is a legally binding contract that prevents one or more parties from disclosing confidential information to third parties. NDAs are commonly used to protect sensitive information during business transactions,...
What happens if I don’t file a Beneficial Ownership Interest Report?
Failure to file a Beneficial Ownership Interest Report (aka "BOI Report") with the Financial Crimes Enforcement Network (FinCEN) can result in significant penalties. These reports are required under the Corporate Transparency Act (CTA), which mandates that certain...
What you need to know about Business Joint Ventures
Joint ventures are strategic partnerships between two or more businesses or entities that join forces to collaborate on a specific project or undertake a particular business activity. Joint ventures are typically formed to achieve mutual benefits that neither party...
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