Author Archives: Jay Butchko
Have Something in Common? Doesn’t Mean the Investment He or She is Pitching is Real.
As attorneys who represent investors who have lost money to fraudulent investments, the one thing all of our clients agree upon is that their investment advisor “seemed like a really great guy/gal”. The old adage “you can catch more flies with honey than vinegar” is correct. Fraudsters know how to turn on the charm…. Read More »
Beware of Federal Liability for Email and Social Media Hacking During a Divorce
When a couple is going through a divorce, it is common for tensions to run high and emotion to cloud good judgment. Add into the mix a spouse’s concern that the other spouse may be having an affair, hiding assets, or manipulating the couple’s children, and the first spouse (the “snooping spouse”) may feel… Read More »
I Just Received a Subpoena for Deposition. What Do I Do?
The last person you want to see when you open your front door is a process server. Despite your best intentions, one day, it could happen to you. Process servers are tasked with delivering an assortment of court documents, including discovery subpoenas in civil cases. This post will address what to do when you… Read More »
A Slight Expansion in Liability Under Federal Securities Laws
Do you ever copy-and-paste a statement without thinking twice of the implications? The United States Supreme Court recently expanded the reach of federal securities laws and who can be held liable for violating them. In Lorenzo v. Securities and Exchange Commission, 139 S. Ct. 1094 (2019), the Court held that a person can be… Read More »
The Ultimate Combatant Case: A Member Dispute Involving an LLC Without an Operating Agreement
Part of the appeal of the LLC business structure is that the members of an LLC are free to choose a unique set of rules for operating the LLC, called an operating agreement. There is a lot of flexibility in what you can include in the operating agreement; only provisions that enable or encourage… Read More »
What You Should Know About Non-Compete Agreements in Florida
You’ve probably heard the phrase “non-compete agreement,” but many people do not understand what they are, whether they are enforceable, and the impact they may have on your ability to work or run a business. Non-compete agreements are contracts, or clauses within a longer contract, that restrict the ability to work in a particular… Read More »
Resolving 50/50 Shareholder Disputes in Florida
Resolving shareholder disputes can be challenging and complex, particularly when there is no shareholders’ agreement in place that defines the shareholders’ rights and remedies. In corporations that are owned 50/50 by shareholders and lack a shareholders’ agreement, the main risk is a voting deadlock on important issues, which may ultimately lead to dissolution of… Read More »
Florida Securities Arbitration: Tips for Investors
You work hard for your salary and invest what you can for your retirement one day. You certainly don’t want to lose your life-savings to some unscrupulous financial advisor. There are numerous situations that can cause you to lose your investments as well — such as a broker who recommends unsuitable investments, engages in… Read More »
How Do You Dissolve a Florida LLC?
Florida LLCs are governed by Chapter 605, Florida Statutes, commonly referred to as the Florida Revised LLC Act (the “Revised Act”). One of the important topics it covers is the several methods to dissolve a Florida LLC. If you are looking to dissolve your Florida LLC, or it is the subject of an involuntary… Read More »
Whistleblower Claims: Common Types of SEC Fraud
The Securities and Exchange Commission (SEC) has its own whistleblower laws (15 U.S.C. §78u-6). Anyone who knows about a business, person, or company who is committing securities fraud can act as a “whistleblower” by reporting this illegal activity to the SEC and possibly earn an award. SEC whistleblower actions differ from False Claims Act… Read More »