Small Business Counseling
The Arthur Firm, P.L., counsels both individuals and businesses engaged in small business endeavors. Although Small Business Counseling is a new addition to our practice areas, we pride ourselves on our initiative and tenacity in researching all legal issues necessary to protect the future of our clients' profitability. The Arthur Firm is also adept at providing legal advice which incorporates panoramic considerations without losing sight of the immediate objective.
Entrepreneurs and businesses alike are subject to a host of legal areas for which they need expert advice; some areas are obvious and some are not. Once we have familiarized ourselves with your company, we can properly identify which of these areas may affect it. We then build a strategy to use the law to your advantage in fostering growth while deterring government interference or business litigation.
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 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
The following areas of law are highly specialized. Although The Arthur Firm does not yet practice these areas full-time or in-house, we do have relationships with some highly competent attorneys who specialize in these areas. Due to our own commitment to customer service, many of our clients prefer to maintain their relationship with our firm by keeping us as co-counsel with these outside attorneys. Call The Arthur Firm for more information about our co-counsel arrangements.
The profitability of any business often depends upon reaping the benefits from its trade secrets, copyrights, patents, trademarks, and servicemarks. Every business must protect its rights to these intellectual properties and keep others from infringing upon them or diluting them. On the other hand, no business wants to be ordered to pay another business thousands or millions of dollars for having been found to have infringed on the other company's intellectual property rights. Avoiding either situation requires the advice of competent intellectual property attorneys.
When importing or exporting products (and even some services), there are treaties, embargoes, tariffs, customs, and other legal consequences to navigate. No business should be operating internationally without having quick access to an attorney in this vast area of law to guide them away from costly mistakes.
Labor Law is a label which can cover many other areas including immigration, worker's compensation, occupational licenses, harassment or discrimination, hostile work environments, equal opportunity employment, etc. Many of these areas are highly regulated by the government and can be pitfalls for litigation or government prosecution. Call The Arthur Firm for advice on complying with labor law requirements and to avoid these types of claims.
Any business which sells a product, regardless of whether it is the retailer or the manufacturer, may be liable in court for product dangers or defects. So before placing a product on the market, or buying it from a distributor to place on retail shelves, businesses should seek legal advice on which steps to take to protect itself from liability.
All businesses are subject to federal, state, and local taxes. Running afoul the tax laws can quickly interfere with the profitability of a business. The proper legal advice can not only save the business from audits and investigations, but may also provide the business with savvy ways to navigate through tax legislation and save money overall.