Author Archives: Jay Butchko
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 »
Avoiding and Resolving Florida LLC Member Disputes
Going into business with additional people can be a positive decision, as multiple minds can be better than just one. However, the more people involved, the greater the likelihood for disputes among those individuals to arise. It doesn’t matter whether it’s a partnership, a corporation, or an LLC, disputes can occur even among family… Read More »
The Importance of Whistleblowers to Help Detect Crime and Fraud
Whistleblowers are people who expose activities that are considered unethical or illegal. Some government programs, like Medicare, rely heavily on whistleblowers to uncover criminal activity. In a recent interview, former Attorney General Jeff Sessions said more than 10 percent of Medicare’s budget is lost to waste and fraud. He went on to state that… Read More »
Securities Arbitration in Florida
If a registered securities broker-dealer or financial advisor has mismanaged your financial assets through a breach of duty or industry standards, and has caused you to suffer losses, you may be interested in exploring avenues of legal recourse. Securities-arbitration claims with a registered firm, however, are not resolved through litigation in court, but rather… Read More »
Florida Qui Tam Actions: Illegal Activities and Penalties Arising Under the Florida False Claims Act
The Florida False Claims Act (FFCA), Florida Statutes §68.081 – §68.092, is modeled after the federal False Claims Act that helps people sue and recover from fraudulent activity committed against Florida state government entities. The FFCA allows a whistleblower (also called a “relator”) to file a qui tam whistleblower lawsuit if they are aware… Read More »