Author Archives: David Toback
Do All Contracts Have To Be In Writing
A common question that business owners tend to ask regards whether oral agreements are enforceable. There seems to be an urban myth that they aren’t, or that if you “don’t have it in writing” then an agreement can’t be enforced. In fact, most oral agreements are enforceable, but some are not. Making sure that… Read More »
Don’t Ignore Intellectual Property When Planning an Estate
What does the 1980s classic movie “Back to the Future” have anything to do with estate planning? A recent lawsuit involving an icon in the famous movie is a good reminder about planning for assets you may not think about right away. Lawsuit Involves Iconic Movie Car The case involves a lawsuit by John… Read More »
Letters of Intent: Make Sure You Don’t Run Into Trouble
Often, when entering into large business transactions, there are long and complex contracts to be drafted and signed. In many cases, before those documents are even signed, there may need to be some investigation, or due diligence, into financial statements, records, and other information. But if parties have agreed “in principle” to enter into… Read More »
Having Debt May Not Always Be So Bad
If you asked people whether they would prefer to have debt, or no debt, you’d probably get a resounding vote for “no debt.” Debt is bad, so we’re told, and we should do whatever we can to avoid it. But those opinions often don’t consider asset protection and estate planning, which sometimes can reward… Read More »
Your Homestead Status Could Be at Risk in a Divorce
Most of us have heard of Florida’s strong homestead protections—specifically, that homestead property is exempt from creditors, both those that may appear during your life, and those that may make claims on your estate after you pass. The protection is in the Florida constitution and is one of the strongest protections that Florida residents… Read More »
Could Getting Married Cost You Government Benefits?
Now that the right to marry has been extended to all people, it’s tempting and understandable for many couples to rush to tie the knot. We’ve previously discussed how many standard estate planning documents may need to be altered or created when a couple gets married. But planning for marriage goes beyond just altering… Read More »
If You Have Employees, Make Sure You Understand the FLSA
As a business owner, it seems that you often have to wear multiple hats and be an expert on more laws than a business lawyer does. That’s especially true when dealing with the laws having to do with employees. Any business that employs others should have a good employment lawyer at the ready, but… Read More »
Using an Irrevocable Trust as an Asset Protection Tool
If you have assets that you want to make sure are enjoyed by your family for years to come, even after you’re gone, you may have heard what a valuable tool a trust can be. As the name implies, a trust holds property in trust for the use and enjoyment of the people you… Read More »
Estate Planning Issues for Same-Sex Couples
The United States Supreme Court has now legalized gay marriage. Aside from the emotional and societal impact of its decision, the decision also carries important ramifications when it comes to estate planning. However, because the decision is so new, many of the estate planning issues come in the form of questions, rather than answers…. Read More »
Blast Marketing Can Be a Costly Mistake to Make
If you have a business, there are a number of unexpected pitfalls that you can fall into when doing what would otherwise seem like harmless activities. One of those activities is basic marketing. It may seem like when it comes to marketing and promoting your business, that anything goes. But in fact, some kinds… Read More »
