Small Business Law
The Arthur Firm, P.L., counsels both individuals and businesses engaged in small business endeavors, whether they be commercial litigation or commercial transactions. In strategizing with our clients, we are guided by the formula which drives all business: Profits = Revenue - Expenses.
Business Formation & Dissolution
When starting a company, the owners must choose which type of business entity best fits their vision. Several entities are available for companies registered in Florida depending on how much personal liability is to be assumed, how the ownership interests and assignments are to be structured, how strict the governance will be, and how the owners want the business to be taxed. The type of entity chosen will also decide how the company will be dissolved if voluntary; Florida law decides when a company may be dissolved involuntarily. Call The Arthur Firm for more detailed advice on which entity would best fit your new company.
Business Litigation & Civil Lawsuits
Business litigation is a risk that all businesses and companies have to confront. While the best way to win is by avoiding litigation altogether (through proactively navigating the law to prevent and/or discourage potential lawsuits as we do with our Small Business Counseling), once litigation does arise the business should use an exacting yet practical and fluid strategy to accomplish its goal. The Arthur Firm understands that a business may have more than one goal to achieve through litigation in addition to simply winning the trial; for example: stopping unfair competition, setting a precedent for future business practices, or settling a business matter which has simply become personal. We always incorporate these different objectives into our litigation strategy, and when combined with our commitment to results and client accountability, your business will know that you trusted the right firm to protect your interests.
As for civil lawsuits, individuals often get sued by plaintiffs who have either overreacted, or refused to accept the consequences of their own actions, or are simply lying in hopes of a payday. Sometimes the defendant in the case actually did do something wrong but the plaintiff is exaggerating his or her claim. At The Arthur Firm, we recognize these scenarios and respond by proactively preventing these injustices and conducting effective damage control. We do so through negotiation and trial techniques meant to expose the plaintiff's weaknesses and to provide him or her with a reality check on their likelihood of failure.
Business Torts & Litigation
A "tort" is a civil wrong, and tort lawsuits are like the civil equivalent of criminal cases except the "wrongdoing" being prosecuted results in remedies (money, injunctions, etc.) other than imprisonment. Businesses, like government prosecutors, often start baseless or exaggerated lawsuits against other businesses. The claims may stem from direct dealings between the businesses or from some indirect affect one may be having on another. The motivation for these claims is almost always the same: the plaintiff's focus on their bottom line instead of their own accountability. When this happens, call The Arthur Firm to protect your own bottom line.
Despite careful negotiations and planning, parties to a contract often begin to dispute what their obligations are or whether they are required to fulfill them. Whether such disputes are to be negotiated to avoid litigation or ultimately result in a lawsuit, choosing the best advocate directly affects the likelihood of prevailing. Call The Arthur Firm to make sure your arguments are effectively presented to obtain a desirable settlement or a favorable verdict in court.
So long as the purpose of a contract is not illegal and the parties to it are legally allowed to do so, Florida law allows for anything to be made part of a contract unless it is what the courts call "unconscionable". While contracts can also be verbal, it is always best to have them in writing because business deals can so easily go awry. In order to protect yourself, it is imperative that the contract's language is drafted for your protection so that you are not left empty handed if a deal breaks down. Call The Arthur Firm to draft or review your business contract to ensure that your goals can be enforced in court.
Highly Specialized Areas
Highly specialized ares of law, such as intellectual property, labor law, international trade, and tax, sometimes require the attention of attorneys who practice only in those areas. While The Arthur Firm is competent to represent you in these areas (except tax law), on occasion we do involve highly competent attorneys who primarily focus on these areas in order to ensure the best representation for our clients.