Fort Lauderdale Business Lawyers
At Trembly Law Firm, we understand that your business is multi-faceted and requires significant time and resources to run. Regardless of the size and scope of your business, you also have legal requirements to meet and obligations to fulfill to ensure your business runs smoothly. We understand that some of these aspects can be confusing and even overwhelming at times.
Our Fort Lauderdale business lawyers can help ensure all aspects of your business operate as intended and are protected. Our team provides a wide range of services so you have peace of mind that your business is legally protected now and in the future. We optimize your success through a tailored approach so you can receive the solutions you need for your most difficult problems.
Areas of Business an Experienced Lawyer Can Help You Navigate
Business law governs how businesses are created, how they operate, how they resolve conflict, and so much more. Businesses also have a significant number of regulations that they must meet in order to stay in business. These include both federal regulations and Florida business laws. To simplify these areas of your business, it is important to consult a legal professional.
With highly skilled business law attorneys by your side, you can ensure that your business is compliant and prepared for the many situations that you could face. Even when disputes arise, you have someone who will advocate for you and your business. Below is a closer look at a few of the areas Trembly Law Firm can assist you with.
Business Formation
Forming a business entity is your first, most critical step when starting out. How you choose to set up your business impacts how you can operate and your tax implications. There are five common types of business structures: sole proprietorship, limited liability company (LLC), partnerships, corporations, and S corporations. Each model has distinct differences and includes different levels of protection as well. To determine the structure that is best for your business and ensure it is set up correctly, talk with a legal professional before taking action. They can ensure all requirements are met to properly get your business off the ground.
Business Purchases
Businesses conduct a variety of transactions on a regular basis, but one of the biggest may be purchasing another business. When considering a purchase of this magnitude, it is important to consider operational expenses, employee compensation packages, acquisitions, leases, contracts, legal history and expenses, and more. The purchase of a business must first and foremost comply with all applicable laws. Your lawyer should also help you review and negotiate these purchases to minimize your risk. They can provide trusted counsel on how to protect your assets and how to structure and run your business after a finalized purchase.
Contract Formation
Contracts are the foundation of many business activities. They ensure both parties have a say, are in agreement, and outline the obligations and responsibilities each party has to the other. Having a sound contract is vital to smooth operations and its enforceability. Additionally, to avoid bad contract habits, it is important to be clear and include provisions for resolving disputes or breaching contracts. Whether you need to create a contract or are being asked to enter into a contract created by another party, you should always have a lawyer review the document. They can assess it for risks and validity, and ensure you and your business are protected.
Incorporation
Transitioning your business to a corporation is a significant step that comes with a host of considerations and implications. As a corporation, your business is recognized as a person, and with that comes changes to liability, taxation, and legal ramifications. There are also different types of corporations, including for-profit, non-profit, private, and professional, and each one may have different benefits and obligations. You may also be required to secure business licenses in order to operate. Given the complexities of this process and what it means for the future of your business, you should work closely with an attorney throughout the process to make sure all aspects are considered and executed.
Mergers & Acquisitions
If your business is involved in a merger or acquisition, there are many aspects that must be considered and discussed prior to execution. It is crucial to have a lawyer represent you during the merger and acquisition process and help you protect your business and interests throughout all legal proceedings. These transactions involve in-depth planning, extensive negotiation, and thorough due diligence and financial consideration before the process can be completed. It is also important to agree on how both companies will be integrated once the merger and acquisition have been finalized to ensure the success of both parties.
Shareholder / Operating Agreements
If your business has shareholders, it is important to have agreements and guidelines in place to define how business matters are handled and how to deal with disputes as they arise. By having a solid agreement in place, the risk of litigation can be reduced. Legal counsel is essential to ensuring your shareholder operating agreement is sound and takes into consideration all relevant factors that could present legal issues in your business. When disputes arise, these issues can become complicated and require a skilled legal hand to see that the interests of the business are protected while also upholding the rights of shareholders.
Transactional Work
Transactions are a regular part of conducting business. They can also affect the health and security of a company. With the help of an attorney, you can define, identify, and prioritize the transactions that make sense for your business and which ones may need action. Your attorney can also help ensure that transactional changes do not affect contract obligations that you may have. When it comes to your transactions, an attorney can provide trusted legal counsel to help streamline and simplify business transactions. These situations rarely call for litigation, so transactional lawyers most often act in an advisory capacity.
Limited Liability Company (LLC)
A limited liability company is a common type of business structure that offers liability protection for business owners by separating their business assets and finances from their personal ones. While less formal than some other business structures, owners must still adhere to Florida’s LLC rules whether they are setting up their LLC for the first time, meeting ongoing requirements, or changing or dissolving their LLC. To ensure the steps are completed correctly, it is in your best interest to have a lawyer guide you through the process and review all documentation to ensure everything is correct and properly filed.
Employment Law
Employment law governs and protects the rights, safety, and compensation of workers. As a business owner, you are responsible for complying with all state regulations and those provided by the U.S. Department of Labor. To maintain compliance and protect your employees and yourself, it can be beneficial to have protective measures in place from the outset of the working relationship. This can be done through employment agreements, confidentiality clauses, and non-compete clauses, among other precautions that maintain the health of the relationship. Your lawyer can help you draft or review these documents, as well as policies, employee handbooks, and contracts for non-traditional workers whom you might employ.
Compliance Management and Regulatory Guidance
With extensive regulations to follow, it is important to ensure that your business is legally compliant with all applicable guidance. A lawyer can review your business to assess whether or not there are any compliance issues or areas of vulnerability. They will then make recommendations to remedy these issues and minimize any risks your business could face as a result. Once these issues have been identified, your lawyer can help you draft or implement various policies or measures to ensure the safety of your business. Additionally, because business regulations change over time, it is good to periodically audit your company for compliance issues.
How Business Disputes are Resolved in Fort Lauderdale, FL
There are many times in business where litigation is necessary to resolve a dispute, but this is not always the case. There are other ways that conflicts can be settled, and they are known collectively as alternative dispute resolution. These options are often less expensive and time-consuming. They are also a more private way to resolve your business issue. The alternative types of dispute resolution that a business law attorney in Fort Lauderdale can help you with include:
- Negotiation: This is often the first step taken to resolve a dispute. Through negotiation, both parties can discuss the issue between them and reach an outcome they are both satisfied with. It allows both parties to have the greatest amount of control in how the matter is remedied.
- Mediation: When something more than negotiations is needed, mediation can be a good option. This manner of dispute resolution is more structured than negotiations, but is still informal and lends itself to privacy and greater control. With a trained mediator acting as an objective third-party, they help both sides communicate their issue, understand where the other party is coming from, and find a solution to their problem.
- Arbitration: This method is one step below litigation. It combines the structure of litigation with the privacy of mediation and negotiations. Arbitrators hear both sides of the matter in question and then issue a binding decision to resolve the issue. Their decisions may not be appealed.
If none of these methods are sufficient to reach an agreement, then you will need to proceed with litigation. If your case goes to trial, then your lawyer will handle discovery, meeting all applicable legal requirements, developing an effective case strategy, and presenting your argument in court. They will protect you and your business so that everything you have worked hard for does not go to waste.
Statute of Limitations for Business-Related Matters
Like many other types of claims, business disputes are also subject to time limits that dictate the viability of a claim. The amount of time that you may be allotted can vary depending on the specific matter being resolved. According to Florida Statutes § 95.11, the statute of limitations may range between one and five years. Regardless of the length of time, it is best to resolve a dispute as soon and as swiftly as possible. This ensures that you can take legal action, have a strong case, and protect your business.
Fort Lauderdale Business Lawyers Are a Valuable Asset to Your Organization
Whether you are getting into business for the first time or have been in business for years, hiring a lawyer can be a valuable asset for your business operations and legal security. Business lawyers help you take proactive measures and are also there to support you when issues threaten your business. They show your business the time and attention it deserves from start to finish, regardless of what you need.
By enlisting the help of legal professionals, you can receive services tailored to your company’s specific needs. You can be confident that you are receiving accurate advice that has your company’s best interests in mind. They can help you strategize and determine the most effective options to safeguard your business.
In addition to these services, your lawyer will also help you draft various contracts, drafts, and policies to use in your daily operations or for more specific matters. They can also provide support when you need to file documentation for your business to ensure it is accurate. By allowing a lawyer to handle or review these tasks, you can also ensure that there are no delays when you need to take action or protect your company.
Discuss Your Business Needs With Trembly Law Firm Today
Trembly Law Firm is dedicated to your success and protecting the business you have put so much work into. We provide exceptional services that protect your business proactively and when issues arise. Our team will tailor our recommendations and services to your specific needs. To learn more about us and how we can serve you, contact us today.