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Kurkin Forehand Brandes LLP

Auto Dealership And Commercial Litigation Law Blog

Contracts for business owners

Regardless of what type of business you are in, it is essential to be familiar with contracts, including what makes a contract valid and what to do if a contract has been breached. Contracts are the basis for most business relationships and business transactions, and they can provide the foundation for a strong and healthy business.

Business law provides important protections to business owners and parties to a contract. A contract is essentially an agreement between parties that lays out their rights, responsibilities, and obligations to one another. Examples of contracts that govern everyday business transactions include bills of sale, purchase orders, employment agreements, and many other common business transactions that are guided by a contract that outlines the agreement between the parties.

Big real estate deal puts spotlight on shared office space

A big sale of Florida commercial real estate raised eyebrows not just for its hefty price tag, but also because one of the names involved was WeWork, a highly valued office space startup that is going through some very public struggles.

According to news reports, an international partnership of investors is purchasing several buildings in the Tampa area for more than $156.9 million. The deal involves a total of 756,138 square feet of office space.

When to choose merger, and when to choose acquisition

When your business is looking to expand by joining forces with another business, one of the discussions you will need to have is whether to pursue merger or acquisition. Under Florida law, mergers and acquisitions have small but important differences.

Generally, an acquisition is like buying a company outright. In an acquisition, one business takes over another, and declares itself to be the new owner. The purchaser absorbs the target business, including its assets and debts, and the target business ceases to exist as a business entity.

Product liability and car sales

Florida automobile dealers must frequently deal with recalls of cars in order to repair or replace defective parts. There are many state and federal laws and regulations at work in these recalls, but they all relate to the legal theory of product liability.

Product liability is the legal theory that allows injured consumers to hold manufacturers, sellers and others liable for their damages after they are injured by defective products. Over the years, certain principles have developed in product liability through state and federal laws and court decisions. One of the most important of these is the principle that products may be defective in design, manufacture or marketing.

Businesses can benefit from implementing noncompetes

Intellectual property is often a business's most valuable asset. Depending on the circumstances, companies may want to implement noncompete clauses in their employment agreements to protect intellectual property and other confidential information.

Defining noncompete clauses

What is tortious interference?

There's a difference between healthy business competition and illegal competition. When a business goes too far and illegally interferes with a competitor's business, it can find itself the defendant in a lawsuit alleging tortious interference.

The term "tortious interference" comes from common law, meaning it has developed in the courts over many years. It comes up with some frequency as a claim in litigation between businesses.

Automakers, repair shops clash over replacement parts

In the personal computer market, it has long been a source of dispute that certain computer makers discourage consumers from using replacement parts made by other manufacturers. Instead, these companies want consumers to buy only their name-brand parts.

The automobile market has had similar disputes for many years, of course, but as cars become more computerized, these auto market disputes are looking more like computer market disputes.

Startup company plans to revolutionize drone aviation

After long development in military applications, drone aircraft are becoming an increasing presence in consumer markets. They're used for toys, camera work and possibly even package delivery. However, most of these drones are powered by electricity, and as a result they are limited by the weight and electrical capacity of their batteries.

A Florida startup hopes to change that. Miami's UAV Turbines is developing tiny jet engines. These microturbines can be used to produce thrust or to power propellers and electric motors for drone aircraft. It recently tested its Monarch 5 microturbine propulsion system in a 500-pound unmanned aircraft.

Consumer privacy laws important for auto dealers

The auto dealership business is subject to many regulations under Florida and federal law. Keeping in compliance with these laws and regulations is essential to running a healthy business.

One of the most important consumer protection laws affecting auto financing is the Gramm-Leach-Bliley Act. A wide-ranging law for curbing perceived abuses within the financial services industry, the Gramm-Leach-Bliley Act comes up often in auto dealerships because of its rules about privacy.

Commercial leases are unpredictable, but highly adaptable

Compared to buying property, leasing has many advantages for business owners. First and foremost, it requires a lot less capital. However, this doesn't mean a commercial lease agreement is easy.

Commercial lease agreements are usually much more complicated than residential leases. While a host of laws regulations protect residential tenants, there are few such protection for commercial lease holders. Commercial leases can also have much more variety in their terms, compared to residential leases, making every new lease negotiation unpredictable.

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Aventura Office
18851 NE 29th Avenue
Suite 303
Aventura, FL 33180

Phone: 305-929-8500
Fax: 305-675-0564
Aventura Law Office Map

Tallahassee Office
315 S. Calhoun Street
Suite 850
Tallahassee, FL 32301

Phone: 850-391-5060
Map & Directions