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Category Archives: Business Transactions


Do You Know How to Correctly Classify Your Workers?

By David Toback |

If you own your own business and have employees, it is important to understand how to classify your workers. Are they employees or independent contractors? There is a difference and you need to know not only how to classify them, but the importance of classifying your workers correctly. Difference Between an Independent Contractor and… Read More »


A Contract Modification May Not Have the Same Rules as the Original Contract

By David Toback |

Every now and then there are cases that seem like they not only affect legal scholars, but also have a tangible, real world effect on everyday people. Such was a recent case that determined that a loan modification was not a negotiable instrument, the way a promissory note is. What’s a Promissory Note? Let’s… Read More »


Your Shareholders’ Agreement Can Protect Your Investment In a New Business

By David Toback |

In the world of corporate and business documents, we often pay a lot of attention to Articles of Incorporation, bylaws, LLC management agreements, corporate resolutions and other records that govern your business and instruct directors and shareholders how a company will operate. Buying In But what if you are buying into an existing company?… Read More »


Charging Orders Protect Multiple Member LLCs

By David Toback |

Getting involved in an LLC with business partners is a big decision. Many factors need to be considered. Usually, focus is put on the business itself—is it a viable idea? Will it make money? But sometimes we don’t give much thought to who we’re going into business with. If you’re going into business with… Read More »


Tax Consequences of Loans and Gifts

By David Toback |

When the bank loans you money, it’s pretty clear that it’s a loan. The bank will make sure of that by making you sign documents evidencing you’re taking out a loan. But sometimes the line between a loan and a gift isn’t so clear. Loans or Gifts? If Cousin Louis “gives” your business $50,000… Read More »


Free Speech Challenge of Advertising Regulation May Help Businesses

By David Toback |

As a business owner, you may not give much thought to first amendment free speech issues. But if you advertise your product, what you say to the public can be regulated by the government. The balancing act between free speech and regulation can be very delicate. Commercial Speech and the Constitution Commercial speech has… Read More »


Employers Risk Liability From Employees With Poorly Drafted Documents

By David Toback |

Florida is one of the most employer-friendly states in the country, allowing an employer to terminate an employee “at will,” for almost any reason, so long as the reason doesn’t run afoul of federal laws which usually deal with discriminatory purposes. But aside from that, employers can be unfair, irrational, arbitrary, or even hostile… Read More »


Public Filings Can Avoid Apparent Authority Problems

By David Toback |

Businesses that have employees usually delegate to those employees certain tasks and responsibilities. In many cases, employees need to speak on behalf of the company in order to carry out daily business functions. But not every employee is authorized to do everything for the corporation. For example, an employee may have the right to… Read More »


Crowdfunding Laws Get More Favorable for Small Businesses

By David Toback |

Crowdfunding is the new way for entrepreneurs, inventors and business to raise money in a new economy. Campaigns that use crowdfunding have given rise to a new economy, where innovative products find their way to market, and where inventors who aren’t Fortune 500 companies can afford to get the financing to bring their ideas… Read More »

Don’t Buy a Previous Business’ Liabilities

By David Toback |

So you just bought a business. This is a very exciting time. You purchased assets, customer lists, property, perhaps a name and a logo, and all the other items that make your purchase a good one. Because you purchased an already existing business, you don’t have to start from scratch—your business has a name,… Read More »

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