Running a business is tough these days … for many reasons. Business owners and senior managers don’t need internal strife among their employees. Any business with employees must be ever conscious of this fact and have a definitive program to: Prohibit inappropriate harassment of employees. Minimize claims and legal actions against the company for such […]
Widerman Malek Law Blog
Navigating the Proposal for Settlement Statute in Your Business Dispute
Under the American rule, each party to a lawsuit is required to pay its own attorney’s fees and costs unless a contract or statute states otherwise. One creature of statute that is available to shift attorney’s fees is the Proposal for Settlement. Another facet of the Proposal for Settlement is that it provides a way […]
Johansson v. The Walt Disney Company, A Contracts Cautionary Tale
The litigation between Scarlett Johansson and Disney settled with undisclosed terms but the fons et origo* of the dispute is a contracts cautionary tale. Generally, each party to a contract should have a clear understanding of the terms of the agreement. It should be easy for a party to a contract to articulate what they […]
Five Widerman Malek Attorneys Selected as 2021 Florida Super Lawyers and Rising Stars
Widerman Malek is excited to announce that five of our firm’s attorneys are honorees for the 2021 Florida Super Lawyers and Rising Stars list. Each year, no more than five percent of lawyers in the state are selected to appear on the list of Florida Super Lawyers, and no more than 2.5 percent are selected […]
Buying or Selling a Business: Asset Purchase vs. Stock Purchase
When buying a business, should you structure the transaction as a purchase of the assets of the business or as an acquisition of the stock of the selling corporation? Most transactions involving the sale of a business can be structured either as an asset purchase or a stock purchase. Asset Purchase An asset purchase is […]
Small Business Reorganization Act: What It Means for Businesses in Current Economy
Timing is everything as the saying goes. It is unlikely Congress had the foresight of COVID-19 to enact legislation on August 23, 2019, with an effective date of February 19, 2020, that would make it easier for a “small business” to reorganize under Chapter 11 of the Bankruptcy Code.1 The goal of the Small Business […]
Resolving Shareholder Disputes
Shareholder Disputes Unfortunately, shareholder disputes are a common part of business, but they don’t have to be debilitating to your enterprise. If you have a shareholder agreement in place, you’re already in a more positive position to resolve issues, but whether you do or not, you still may face the decision on whether to institute […]
Join Us for the Webinar “Pathways to Keeping Your Business Alive”
Please join us on July 30, 2020, for the webinar “Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive,” co-presented by Widerman Malek and Withum. There is no cost to attend this event. Event Details Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive July 30, 2020 | 1:00 PM EDT Join us […]
What Is a Holding Company and How Does It Work?
In essence, a holding company is formed to control something. Often that means it holds the control of assets that may be utilized by a subsidiary company of the holding company. The subsidiary operates the assets as part of its business and is referred to as the operating entity. The assets, which could include land, […]
Contracts, Force Majeure and COVID-19 Impacts: What You Need to Know
Every industry has been or will be affected by the consequences of the COVID-19 pandemic. Accordingly, as the world continues to grapple with the ongoing health and financial crisis, businesses are trying to determine and guard against the impacts. For example, there are ongoing contractual obligations to many parties and in a multitude of areas, […]
