3 things to know when negotiating with possible business partners

Meeting someone who has similar aspirations can be a very valuable encounter for a would-be entrepreneur. A potential business partner can offer the expertise, support and/or funding that they require to turn their concept into a viable business model. Unfortunately, much as it is with other relationships, people are often over-eager at the start of […]

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Six defenses to a breach of contract claim

The pandemic changed the way that many do business, and sometimes it made it hard, if not impossible, to meet the conditions of contracts drafted before the world changed. Despite the challenges, which now also include supply chain issues, a business may face a lawsuit for not honoring the terms of that contract. Legal guidance […]

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Dark-store theory is still an issue

The dark-store theory is increasingly becoming more about practice than theory since emerging during the Great Recession in the late-2000s. The concept is relatively simple – the value of warehouse space, big-box retail building or other commercial property should be determined by the value of the building when it is empty. The owners complained that […]

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Can a partner or business sue for abandonment?

Partnerships often begin with a sense of optimism, but some do not work out. If a partner leaves, it can elicit feelings of anger and frustration. It can also have a genuine impact on the company’s bottom line. In such cases, the company or remaining partners may want to file a lawsuit. Depending upon the […]

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What factors influence whether litigation or ADR is right for your business dispute?

Business disputes are bound to happen. Like most business professionals, you want to find ways to resolve them as efficiently as possible – without being a pushover. Absent a provision in your contract that obliges you to resolve your disputes in a specific way, you may have the option of trying either alternative dispute resolution (ADR) methods, […]

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When negotiations fail: recovering damages without a written contract.

Assume that two parties express a mutual interest in joining together in a business venture. They work together toward the eventual goal. During the due diligence process one of the parties contributes something of value that benefits the other party. The contribution may be tangible or intangible, but it has value. Finally, one or both […]

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Is your business prepared to withstand a dispute between owners?

Disagreements often arise during the life of a business. You and your partners may not always see eye to eye on every single issue. When there are concerns, a sound plan of attack can help make a complicated situation much more simple, but only if the mechanisms to deal with such issues are already in […]

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Harry Payton of Payton & Associates, LLC participated in The Art of Deal Making: Using External Expertise Effectively

Foreword by Andrew Chilvers For ambitious companies eager to expand into overseas markets, often the conventional route of organic business development is simply not fast enough. The other option to invest in or buy a business outright is far quicker but often fraught with unforeseen dangers. And even the biggest, most experienced players can get […]

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Types of damages involved in a breach of contract claim

There are different types of contracts and different reasons that companies in Florida enter into contracts. These contracts usually are entered into because both parties to it either need or want something from the other side. Many of them involve one side providing goods or services and the other paying money for those goods or […]

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Basics of copyright infringement litigation

People in Florida have various ideas for different products, write books and other types of written articles, write songs and music and create other types of art as well. People should get the credit and any income that may come from these various creations. Therefore, people who create new things can copyright or patent the […]

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A Financial Advisor’s Duties Dealing With GDPR

Large or small wealth management firms, financial advisors, asset managers, estate planning professionals and others in the financial services industry residing in the European Union must comply with General Data Protection Regulations that became effective in May 2018. Firms outside the EU but conducting business within the EU must also comply, however some firms are dragging […]

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When does one have a Tortious Interference Claim?

On behalf of Payton & Associates, LLC posted in Business Torts on Thursday, November 15, 2018. Businesses in Florida generally enter into contracts in order obtain some benefit for their companies. There are a variety of types of contracts that they enter into, in which one business provides goods or services to another for compensation. These contracts can be […]

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