Total Liquidation vs. Going Out of Business: What’s the Difference?

There are 6.5 million businesses that start every year, but 21.5% of them will fail within the first year of operating, and the failure rate rockets up to 50% in the 5th year of business. Not every business is as successful as originally intended and business owners need to make wise decisions when considering the longevity of their operation. If the decision is to close up shop and move on to greener pastures, there are a few options to consider: going out of business or total liquidation – but what’s the difference? Read on to learn how knowing the difference between the...

How to Stop an Illegal Lien

We live in a society where everyone seems to be happy to place blame. They also seem happy to place a lien on your property without thinking twice. There are numerous lawsuits in which a lien has been illegally placed on someone’s property. If this has happened to you, then you need to know what to do and you need to act fast. Keep reading to learn more on how to stop an illegal lien. What Is a Lien? A lien gives someone else the right to access your property. This happens when debts are not paid for some time.  This does...

Florida Civil Litigation Process Explained

Civil trial law is the practice of law that handles all civil litigation, whether the case occurs at the state or federal level, at an administrative agency, or an ADR. Specifically, civil trials do not involve criminal charges. A lawyer who specializes in the area of civil litigation is called a trial lawyer or a litigator. Civil litigation happens across the spectrum of law, from divorce proceedings to personal injury cases to business disagreements between partners. In Florida, these proceedings are governed by the Florida Civil Procedure rules, and the procedure is outlined in FS 51.011. What are the States...

Can Liens Be Placed on a Business?

People start businesses with the hope of success. They want the world to recognize their financial acuity and entrepreneurial prowess. Even with those hopes, bad deals and terrible decisions happen and things go south. These sometimes result in business liens. A lien on your business may not be the end of the world, but it’s harmful to the financial success of it. Having a lien puts an ill-favored blot on your business’s credit. Depending on the size of the lien and how your business is set up, it affects you personally as well. Onlookers in the business world often compare...

3 Disadvantages of a Private Trial for Businesses

Businesses head to court every day for a number of reasons. How they handle the dispute is dependent upon local, state, and federal laws, as well as any contractual obligations they may have. One option they have to have the dispute heard is a private trial. Private trials have some benefits, but they also have a number of disadvantages for your business. Not familiar with the disadvantages? Read on to learn how a private trial can actually hurt your business. 1. Confidentiality Can Be a Disadvantage of Private Trial Resolution Confidentiality is important for many businesses, but sometimes you may...

Understanding the Benefits of Florida Private Trials

Are you a litigant considering whether to participate in a private trial to resolve your dispute? While many people are familiar with binding arbitration but that’s just one of a handful of options a litigant has to reach a resolution. Under Florida Statutes Section 44.104, parties can also resolve a lawsuit by voluntarily participating in a private trial. Read on to learn about some of the most important benefits of Florida private trials! Resolve Your Case Faster It’s no secret that the court systems in most states are overrun with plenty of cases. The COVID-19 global pandemic has brought jury...

Understanding the Types of Power of Attorney

Often abbreviated “POA”, a power of attorney is a document used in estate planning to appoint a person or entity to manage your interests. This agent, by right of the POA has the legal authority to make decisions on your behalf regarding matters outlined in the document. 5 Types of Power of Attorney There are different types of powers of attorney (POA) that provide varying levels of authority to an appointed person. The person to whom you give the POA is referred to as your agent. This agent receives the authority to manage your affairs. The amount of power and...

Benefits of Alternative Dispute Resolution

Are you involved in a dispute with a business partner, customer, or family member? Do you dread the time and expense of litigation? You may be surprised to learn that it is possible to come to a mutually agreeable arrangement without the risks and costs of going to court. Learning what is Alternative Dispute Resolution (ADR) may be a possible option for you. Through arbitration or mediation, you and your opponent may find a way to reach an agreement that makes everyone happy. If you are asking, “What is Alternative Dispute Resolution?,” here are three important facts about ADR that you should know. ...

Impact of The California Consumer Protection Act on Civil Litigation

More than a year ago, the California legislature, invoking the California constitution’s right to privacy, passed the California Consumer Protection Act (CCPA). The CCPA is a sweeping consumer privacy law that enacts some of the world’s broadest data protection regulations. After more than a year of preparation, the California Attorney General’s office released final CCPA regulations on June 1, 2020. The AG’s office finalized the regulations just in time for the law to go into effect on July 1, 2020.  What Does the CCPA Do? Under the CCPA, California residents now have the right to…. Notably, the CCPA does not apply only...

Voluntary Trial Resolution in Florida

What Is Voluntary Trial Resolution? Voluntary trial resolution, or a private trial, is a type of alternative dispute resolution that allows two parties to come to an agreement by way of a third party acting as a judge and offering a verdict. In 1999 Florida legislature passed legislation that the Trial Lawyers Section of the Florida Bar sponsored. The law mirrored similar legislation in California designed to help reduce the backlog of cases (leading to delays in receiving trial dates) and the diminished judicial resources. Florida legislators appended the arbitration proceeding in Statute 44.104 so that for the past 20...