Corporate Attorney Miami

Corporate law is a unique and relatively new area of legal practice developed over the past century. It’s a constantly changing body of federal and state-specific financial, employment, wage, tax, and contract law, necessitating a corporate law firm dedicated to consistent professional development and training. 

At Trembly Law Firm, our experienced corporate attorney Miami law firm empowers local businesses with our industry-leading outside counsel program and business litigators. We pride ourselves on keeping up to date with legal and regulatory changes in Florida, ensuring every business can receive quality legal services tailored to meet its unique budget and needs. 

Discuss the legal services offered by our dedicated corporate attorneys in Miami today by calling (305) 614-8137.

Florida Business Entity Formation Lawyers 

It may seem simple, but many Miami entrepreneurs need help choosing the right entity for their business. Florida recognizes the following types of business entities: 

• Corporations: The most legally complex and expensive entity, corporations are considered separate ‘persons’ independent of their owners and managers. Corporations can enter into contracts, sell stock, and transact business, but they are often subject to higher tax rates, legal obligations, and shareholder disputes.   
• Limited Liability Company (LLC): This popular entity limits business owners’ personal liability without the need for certain corporate formalities, but you cannot sell stock. 
• Partnerships: Florida recognizes both general and limited partnerships, which an attorney can help you understand. Partnerships are easier to form and operate than corporate entities, but they do not provide the same legal protections as corporations and LLCs. 
• Sole Proprietorship: Individual business owners looking to open an easy business can begin with a sole proprietorship after registering a fictitious name (DBA) with the state. Your personal and business assets are mixed, but this can be a good starting point for small business owners. Our lawyers are dedicated to serving small businesses in Miami. 

If you’re starting a Florida corporation, you must comply with various ‘corporate formalities’, including checking and registering a name, drafting articles of incorporation, determining the management structure, luring investors, and making an initial stock offering. The corporate lawyers at the Trembly Law Firm can provide your corporation with tailored legal advice and general counsel services or, if necessary, help you choose the right entity for your unique needs. 

Litigators for Shareholder Disputes & Breach of Fiduciary Duty Claims 

Corporate officers, agents, trustees, representatives, and partners have a fiduciary duty to act in the best interest of the business, shareholders, partners, and investors. These fiduciary duties are enforceable under Florida law. Failing to properly manage corporate funds and transactions may result in shareholder or partner claims that officers breached their fiduciary duties. Though you’re generally protected from personal liability for corporate decisions, breach of fiduciary duty claims might involve allegations that you engaged in self-dealing or otherwise ‘pierced the corporate veil.’ 

If you suspect a corporate officer, partner, agent, or representative breached his or her duty to act in the company’s best interest, discuss your concerns and rights with our dedicated corporate litigators. We might help fiduciaries accused of breach protect themselves from personal liability or hold negligent partners personally accountable for business losses. Our experienced business lawyers also work with individual shareholders concerned about management and their investments.  

Employment Defense Law and Labor Regulation Attorneys in Miami 

Growing businesses need quality employees, but hiring personnel generally comes with significant legal regulations and risks. It’s nearly impossible for even the most experienced business owners to understand and apply all the various state and federal regulations applicable to employers, some of which are only triggered if you employ a certain number of people.  

At the Trembly Law Firm, we fight for job creators in Miami by helping them analyze and minimize employee litigation risks. This involves helping you understand your legal obligations as an employer and taking proactive steps to prevent lawsuits. Examples of the employment matters our dedicated corporate lawyers handle include the following: 

Fair Labor Standards Act (FLSA) 

Nearly all businesses are subject to the federal Fair Labor Standards Act (FLSA), which regulates the following in Miami: 

• Minimum wage 
• Overtime rates 
• Salary exemptions 
• Recordkeeping 
• Wage garnishment 
• Maximum work hours and breaks 
• Tips
• Child labor 

FLSA violations are prosecuted by the federal government, but Florida might also enforce workers’ rights under state law. Extensive FLSA violations may bankrupt small businesses, as judgments often involve back pay, legal fees, and statutory penalties. It’s important to work with corporate legal counsel now to ensure you’re FLSA compliant. Our litigators are also ready to act quickly if you’re being investigated for wage and labor violations in Miami.  

Anti-Discrimination Laws and Civil Rights Lawsuits 

You generally have the right to terminate employees without cause in Florida. This means you do not have to justify terminations. However, federal and state laws have both legally and practically abated this right. Numerous regulations protect certain classes of employees from discrimination and harassment based on their protected status. This creates the potential for litigation even if you justifiably terminated an employee. 

At the Trembly Law Firm, we help corporations understand and create strategies to comply with the following anti-discrimination laws: 

• Americans with Disabilities Act (ADA): Protects employees with a qualifying disability from termination if the employer can make reasonable accommodations for the employee. A reasonable accommodation generally means granting a disabled employee a better parking spot but not building them an accessible office. These claims are often subject to significant litigation. 
• Equal Employment Opportunity Act (EEO): This extensive legal scheme applies to recruiting, hiring, advertisement, termination, promotion, discharge, and pay. It protects employees from discrimination based on race, gender, pregnancy, ethnicity, religion, age, or disability. Certain exceptions exist, such as jobs requiring gender-specific hiring, but significant EEO claims can result in protracted and expensive litigation. 
• Age Discrimination in Employment Act (ADEA): Protects employees over the age of 40 from employment discrimination based on their age. ADEA claims often arise when an employee is terminated because he or she cannot perform essential job functions, such as effectively using an updated software program, but claims the termination or promotion refusal was age related. 
• Equal Pay Act of 1963 (Equal Pay for Equal Work): This recent amendment to the FLSA prohibits wage discrimination based on sex. We recommend scheduling a corporate wage and labor review to ensure you are equal pay compliant under this new legal scheme. 

Our experienced Miami corporate lawyers have developed employee contracts, handbooks, and severance agreements designed to significantly reduce litigation risks under these programs. Even if you’re entirely compliant, employees from certain protected classes might still claim discrimination and file expensive lawsuits. We also provide dedicated corporate defense services for large, small, and mid-sized businesses in Miami. 

Employee Benefits Law & Business Immigration 

If you offer benefits, you may be subject to federal pension and health insurance laws. These include ERISA (Employee Retirement Income Security Act) and the Affordable Care Act (ACA). Most Florida employers are also required to carry workers’ compensation insurance and comply with federal business immigration laws. If you cannot afford to provide benefits or comply with these complex regulations, our corporate lawyers can help. They willyou structure your business to prevent federal legal violations and ensure profitability. 

Experienced Business Transaction Lawyers 

As your business grows, you’ll begin entering into business contracts and relationships with local vendors, insurance companies, staffing agencies, and property owners. Each of these contractual relationships can make or break your company. Reputable corporate attorneys have extensive experience handling the following business transactions, including liquidations, mergers, and reorganization. 

Vendor Agreements 

Many Miami storefronts and restaurants cannot operate effectively without reliable vendors. Our lawyers might help you identify risky relationships, obtain needed insurance, and negotiate strong vendor agreements to ensure you’re protected during vendor disputes. 

Purchases and Rentals 

Corporate attorneys must also understand Miami real estate laws and have experience negotiating commercial real estate purchases, sales, and rentals. Location is key for business with storefronts, but you should have a full understanding of the tax and maintenance obligations associated with purchasing or renting commercial properties in Miami-Dade County. 

Website Development, Software Licenses, and Online Privacy Laws 

Today, most successful businesses need websites and ways to accept electronic payments. This means licensing or purchasing certain technical equipment and software while also understanding your obligation to protect consumers’ financial information. Our corporate attorneys might help you obtain the right software, enter into website development contracts, and comply with sales tax and financial privacy laws. 

Franchising and Acquisitions 

Successful businesses often catch the eye of wealthy investment firms or other entrepreneurs. If someone offers to purchase or expand your business, contact our M&A lawyers immediately to negotiate a favorable buyout or merger. We might also recommend entering into franchise agreements that allow your business to expand while protecting your brand name and quality.   

Equipment, Manufacturing, and Distribution Contracts 

Even something as small as renting commercial equipment should be discussed with dedicated legal counsel. Finding and contracting with the right equipment providers, manufacturers, and distributors can make or break small businesses in Miami. Set your company up for success by ensuring you’re entering into fair contracts with reputable partners. 

Insurance Contracts

The larger your business grows, the more you need to invest in quality insurance. Our lawyers might help you identify the right insurance policy (and right price) by analyzing the biggest risks associated with your unique business model. This may mean purchasing insurance policies to protect you against employee disputes, shareholder disagreements, vendor mistakes, and even hurricane damage. 

Working with our dedicated business transaction attorneys now might save you from significant liability in the future. Our corporate lawyers provided these transactional services to small and mid-sized companies on an ‘as needed’ basis. You do not need to pay unreasonable retainer fees or enter into long-term representation contracts if you require assistance reviewing or executing a complex business transaction. 

Miami Corporate and General Counsel Program  

Most large corporations hire general counsel. General counsel is an attorney who works exclusively for your company, not a local law firm. They often perform services such as drafting employee contracts, receiving legal documents, sending demands, reviewing transactions, and answering legal questions. However, they seldom provide complex legal services or act as corporate defense counsel. Most general business lawyers will instead recommend referring significant legal matters to outside counsel, doubling your legal expenses. 

General Business Counsel Services Provided by the Trembly Law Firm 

Our legal professionals know that small and mid-sized companies cannot afford to staff a full-time corporate lawyer as this requires providing a large salary and significant benefits rivaling wealthy law firms. That’s why we offer a unique General Counsel Program with an over 95% retention rate and no long-term contract. Our program gives you access to outside corporate counsel ‘as needed’. 

Examples of services provided through our program include: 

• Corporate planning 
• Confidentiality and non-compete agreements 
• Employee contracts 
• Equipment, software, and building leases 
• Manufacturing and distribution contracts 
• Terms and conditions 
• Mergers and acquisitions 
• Franchise and license agreements 
• Shareholder disputes 
• Financing and loans 
• Liquidations
• Reorganization 

Retaining outside general counsel from the Trembly Law Firm means adding our experienced Florida corporate lawyers to your legal team without the added expense of maintaining corporate counsel.

Benefits of Joining Our Miami Corporate Counsel Program 

In addition to the various legal services we provide, our attorneys must comply with our core values. This includes ensuring all staff members attend periodic improvement workshops, performance reviews, and training. We are for Florida job creators at the Trembly Law Firm and fight to ensure small businesses can thrive in Miami. Additionally, we intentionally maintain a manageable staff-to-client ratio to ensure that all business owners, shareholders, and corporate officers can access timely and quality legal services. 

Contact Our Corporate Attorney Miami Law Firm Today 

Every business can benefit from the tailored and affordable corporate legal services offered at the Trembly Law Firm. Whether you need an experienced corporate defense litigator or help setting up a small partnership, we’re here to provide legal support from business formation to appeals. 

Discuss the unique corporate legal services provided by our dedicated Miami, FL, business attorneys today by calling (305) 614-8137 or contacting us online.