Author Archives: Jay Butchko
What is the Florida False Claims Act?
A number of states have enacted their own false claims acts that address state fraud. In Florida, there is the Florida False Claims Act, which was modeled after the federal version and offers some of the same protections to the local state government. False claims include actions such as healthcare fraud and procurement fraud…. Read More »
How to Expel an LLC Member in Florida
As an LLC member, you might be wondering if the law allows you to expel another member. Yes, Florida law allows for the expulsion of an LLC member in limited cases. There are certain circumstances that must apply pursuant to the Florida Revised Limited Liability Company Act, known as the “Revised Act.” Outside the… Read More »
Can You Enforce a Non-Compete Clause in Florida?
As an employer, preparing non-compete clauses can be useful when it comes to protecting certain aspects of your business. It is important to draft a legally binding agreement so that it can be enforced in the event of a breach by the former employee. In Florida, a non-compete agreement can be enforced provided it… Read More »
Potentially Fraudulent Activity Tied to Initial Coin Offerings (ICOs)
Earlier this year, the Securities and Exchange Commission (SEC) charged two individuals who profited from the illegal stock sales of a business that claimed to have a related blockchain business. Blockchain business investments and initial coin offerings can be risky, so much so that the SEC has issued multiple investor bulletins in the past… Read More »
What is a PLLC and How Does it Differ from an LLC?
PLLC stands for professional limited liability company, which is similar to a regular LLC, or limited liability company. The main difference is there are requirements and restrictions that limit the formation of a PLLC to a business that provides a “professional service.” Chapter, 621, Florida Statutes defines the term “professional service” as any personal… Read More »
Common Deadlock-Breaking Mechanisms for LLC Disputes
When preparing an LLC operating agreement, you should include member deadlock-breaking mechanisms. When a deadlock occurs, it can create problems and cause disputes between the LLC’s members. Without any deadlock-breaking mechanisms, the LLC may face a number of avoidable problems, including litigation expenses, loss of productivity, and resentment between members. In extreme situations, a… Read More »
What are Protected Disclosures in the Whistleblower Protection Act?
Whistleblower laws are designed to protect employees from employer retaliation in the event they voluntarily disclose information about illegal or dishonest activities taking place against a government organization. The Whistleblower Act (WPA) was enacted in 1989 and covers a number of disclosures. Proving Whistleblower Retaliation In order to prove retaliation, a whistleblower is required… Read More »
Can an LLC Expel an LLC Member in Florida?
Disputes between LLC members are relatively common, and there are situations where the discussion of expulsion comes up. In Florida, you can only expel an LLC member under certain circumstances, which are outlined in the state’s Revised Limited Liability Company Act, known as the “Revised Act.” The Revised Act took effect on January 1,… Read More »
What is the Whistleblower Protection Act?
The Whistleblower Protection Act (WPA) was enacted to protect federal employees and applicants who legally disclose information they reasonably believe shows evidence of one of the following: Violations of laws, rules, or regulations, Gross waste of funds, Gross mismanagement, An abuse of authority, Reasonable and specific danger to public safety or health. The WPA… Read More »
SEC Warns Investors to Watch Out for Potential Scams
The Securities and Exchange Commission regularly issues alerts on potential scams and fraudulent activities that investors should be mindful of. Some of these may target certain types of investors or funds, or in one case, someone may be pretending to work for the SEC itself. Here’s a look at some of the investor alerts… Read More »