News & Resources
What Is a Business Attorney? Business attorneys are primarily responsible for providing legal advice and other services, including corporate formation and drafting of agreements, related to the needs of a specific business. A business attorney reviews and/or establishes the operations within a particular company to make sure that the company is in legal compliance with various business regulations. For example, […]
Business attorneys assist companies by providing legal services and advice with the operations of the company. This includes, but is not limited to, structuring the company, dealing with employment issues, preparing partnership and/or shareholder agreements, and ensuring that the company itself is in compliance with applicable business filings and regulations. Additionally, business attorneys assist companies with the following issues: The […]
The question “Do I need an attorney to start a business?” is frequently asked by people starting a business, entrepreneurs, and/or other business owners. Hiring an attorney is important to your business, no matter if you just started your business, own an existing business, or are thinking of starting a business. Why is it important to have an attorney as […]
Regardless of the type of business you operate, you will need a business attorney. Whether you have questions regarding the formation of your business, commercial leases and/or commercial property contracts, vendor and employment contracts, and other legal questions, the question as to how to find the “right” attorney arises. Choosing the right business attorney depends upon your business needs. What […]
Choosing the right business entity and the appropriate state for incorporation is a crucial decision for any entrepreneur. While Florida-based attorneys can provide specific advice on Florida law, the general choice often comes down to forming an LLC, a C corporation, or an S corporation. It is essential to consider the business’s nature, the investors, the parties involved, and potential […]
An operating agreement is a critical document for any limited liability company (LLC) in Florida. It outlines the rights, obligations, and responsibilities of each member, as well as the management, operation, and ownership structure of the company. At Oppenheim Law, our team of experienced business attorneys understands the importance of a well-drafted operating agreement. We work with you to understand […]
A shareholder agreement is a critical document for any corporation or limited liability company (LLC) with multiple owners. It outlines the rights, obligations, and responsibilities of each shareholder, as well as the ownership structure, management, and operation of the business and how profits and losses will be distributed. At Oppenheim Law, our team of experienced business attorneys understands the importance […]
Introduction: Shareholder’s agreements are pivotal, often overlooked, documents that establish a blueprint for managing and understanding the dynamics between shareholders of a corporation. Oppenheim Law sheds light on why these agreements are indispensable, especially in addressing potential challenges that may arise during the course of business. Why It Matters: Understanding Shareholder Relationships: The relationship between shareholders can be intricate. Establishing […]
The exhilaration of starting a business is unparalleled. The process, while thrilling, involves intricate planning, legal formalities, and operational structuring. With years of experience in assisting startups, our firm, Oppenheim Law, dedicates itself to mentoring and providing legal assistance to budding entrepreneurs. Our goal is to equip them for a successful entrepreneurial journey. The Joy of Entrepreneurship: There’s an undeniable […]
Contracts form the backbone of numerous professional engagements. In this digital age, while electronic signatures have made the process easier, it may have inadvertently made people less cautious. Roy Oppenheim of Oppenheim Law highlights the necessity of rigorous contract review and drafting, advocating for individuals and businesses to avail professional legal advice. Dangers of Quick Sign-Offs: In the digital era, […]
Business entities are set to face rigorous federal regulations come January, 2024 affecting the way such companies are established and operated. Roy Oppenheim from Oppenheim Law walks through these looming changes, emphasizing the critical choice between corporation or LLC type, the state of registration, and the need for asset protection, correct tax implications, and accurate setup procedures. The Federal Database […]
How to start an LLC in Florida Starting a business in Florida can be a complex and overwhelming process, but the right type of entity can help protect your personal assets and provide you with the flexibility and liability protection you need. One type of entity that many entrepreneurs consider is a Limited Liability Corporation (LLC). LLCs are a popular […]
An S Corporation, also known as a Subchapter S Corporation, is a type of entity that provides a unique blend of benefits for small business owners in Florida. If you’re looking to start a business, an S Corporation may be the perfect choice for you. An S Corporation is a special type of corporation that gets its name from the […]
Starting a business in Florida can be a complex and confusing process, and choosing the right type of entity for your company is a crucial step. Two popular options for small business owners are Limited Liability Companies (LLCs) and Sub Chapter S Corporations (S Corps). Both have their own unique benefits and drawbacks, and the right choice for you will […]
A C-corporation, also known as a general corporation, is a type of business entity recognized under Florida law. C-corporations are separate legal entities from their owners, meaning that the corporation itself can enter into contracts, sue or be sued, own assets, and pay taxes. This separate legal status also means that the personal assets of the corporation’s owners, or shareholders, […]
A sole proprietorship is a type of business organization in which an individual operates and owns the business as an individual, without forming a separate legal entity. Sole proprietorships are often the simplest and least expensive type of business organization to form, as they do not require the same level of legal and administrative compliance as other business structures. However, […]
Bylaws are a crucial component of any corporation or limited liability company (LLC). They outline the internal governance structure of the business and provide guidance on important issues such as the election of directors and officers, the management of the business, dates and times of directors meetings. At Oppenheim Law, our team of experienced business attorneys can assist you in […]
A partnership is a type of business organization where two or more individuals join together to run a business. Partnerships can offer several benefits, including shared resources, shared risk management, and increased opportunities for growth. However, forming a partnership can also be a complex and challenging process, and it is important to have a solid understanding of the legal and financial implications involved. […]
Articles of Incorporation (Corporations) or Articles of Organization (LLCs) Incorporating a business or forming a limited liability company (LLC) is an important decision for any entrepreneur. Incorporation provides a number of benefits, including limited personal liability for the debts and obligations of the business, and the ability to raise capital through the sale of stocks or bonds. In addition, incorporation […]
The landscape of non-compete clauses in employment law is witnessing significant transformations. With varying state regulations and looming federal interventions, it is vital for both employers and employees to stay informed and adapt. Here’s a comprehensive guide to understanding these changes and the implications they bring. The Current Scenario: Non-compete clauses, designed to limit an employee’s ability to work for […]
Employment agreements are important legal documents that outline the terms and conditions of employment between an employer and an employee. In Florida, these agreements serve as a binding contract between the two parties and can be used to protect the rights and interests of both the employer and the employee. At Oppenheim Law, our team of experienced business attorneys can […]
Introduction: In today’s competitive world, safeguarding confidential information is paramount. One of the primary tools businesses use for this purpose is the Non-Disclosure Agreement (NDA), commonly referred to as a confidentiality agreement. This contract plays a vital role in both employment and business scenarios to protect sensitive details from being revealed to unauthorized parties. Employment Context: In a professional environment, […]
Commercial litigation is a term that may seem complex at first glance, but it encompasses a broad range of disputes and legal challenges commonly faced in the business world. These can range from disagreements between businesses, concerns about the quality of services, challenges with international vendors, to disputes amongst partners and complications during business transactions. At its core, commercial litigation […]
Tortious Interference in Commercial Litigation Tortious interference is a concept in commercial litigation that pertains to the disruption of a contractual relationship between two entities by an external party, leading to potential financial damages. Such interference can arise due to motivations like personal gain, malice, or other reasons considered inappropriate. When an external party intervenes in a contractual bond and […]
Corporate resolutions are important documents that outline the decisions made by a corporation’s board of directors or members. In Florida, these resolutions serve as formal records of actions taken by the corporation and can be used to evidence decisions made concerning various matters such as changes to the corporation’s bylaws, termination of executives and officers, the issuance of stock, the […]
From advising start-ups as to the optimal corporate structure for their business model, to serving as general counsel for industry leaders, our firm’s experience and performance in representing corporations and entrepreneurs is based upon our over six decades of cumulative experience. Key to understanding a particular business’ corporate organization is reviewing and analyzing its corporate governance or simply put, the […]
The concept of fiduciary duty is integral to many professional fields and is based on the trust that clients place in professionals to prioritize their interests. Let’s dive into the nuances of this significant principle. What is Fiduciary Duty? A fiduciary duty is a legal obligation that mandates certain professionals or entities to act in the best interests of their […]
You don’t have to read beyond the headlines to know that prices are up, and interest rates have virtually doubled in the past twenty four months. In addition, many people have chosen not to look at their 401(k) plans or other investments because both have been down due to the current economic climate. The question is: How are these factors […]
What is a residential real estate contract? A real estate contract provides the details as to a sale and purchase of a property. Specifically, among other provisions, the purchase price, deposit and financing, legal description of the property, and closing date are clearly stated. Such details are set in writing to make sure the seller and the buyer understand and […]
The Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a unique legal tool in Florida’s estate planning arsenal. It allows homeowners to retain complete control and enjoyment of their property while simultaneously ensuring its seamless transfer to designated beneficiaries upon their passing, all without the hassles and delays of probate. What is a Lady Bird Deed? […]
Breach of Real Estate Contracts Overview In real estate, contract breaches can lead to disputes, often arising when one party fails to uphold their end of the deal. Common scenarios include a seller refusing to transfer title or a default on a purchase agreement. There are four main remedies available: 1) Money damages, where a breaching buyer may owe the […]
In real estate transactions, there often arises a question: What ensues if a seller, having entered into a contractual agreement with a buyer, decides against closing the deal, thereby potentially breaching the contract? To set the scene: imagine a buyer has provided a deposit, earnestly expecting the completion of the sale, but the seller hesitates or refuses to proceed. There […]
Learn What To Do If A You are in Breach of Real Estate Contract by Seller When a seller breaches a real estate contract, it can be a major inconvenience for the buyer. In some cases, the buyer may be able to sue the seller for specific performance, which is a court order that forces the seller to sell the […]
Commercial leases can be complex and challenging, especially when it comes to working out a issues in a commercial lease between the landlord and tenant. At Oppenheim Law, our team of experienced attorneys understands the nuances of commercial leases and the challenges that can arise during lease workouts. In Florida, there are several ways in which a commercial lease can […]
As a Florida commercial tenant, one of the most frustrating and detrimental situations you may find yourself in is when landlords breach the terms of a commercial lease by failing to perform their obligations. This can include a wide range of issues, such as failing to make necessary repairs or perform necessary maintenance on the property, failing to provide essential […]
A Living Will is a document that expressly states how you want to be treated in certain scenarios. For example, your Living Will can state what you want to happen in the event that you are in a coma and terminally ill. Would you want your family fighting over whether to “pull the plug” in that scenario? Of course not, […]
A Power of Attorney is an essential part of your estate plan, because it allows a designated individual to make important decisions for you in the event that you are medically incapacitated or otherwise unavailable to make important decisions. A Power of Attorney will allow your appointed representative to make business and financial decisions for you. For example, the holder […]
Estate planning is a comprehensive process that goes beyond just avoiding probate or minimizing taxes. At Oppenheim Law, we believe that an effective estate plan should consider all facets of an individual’s life and future, including asset protection planning, potential family dynamics, and the possibility of discord or disagreements. The Conventional Approach: Traditionally, many seek estate planners with a specific […]
Trademarks are symbols or words used to designate the source of products or services. Owners of Trademarks are protected based on the government’s interest in fostering a fair market. Fairness in trademark law does not mean lack of competition, on the contrary trademark law is designed to foster competition by making sure that consumers can clearly distinguish each product or […]
Trademark owners must police the market for infringing uses of their trademarks as governmental entities offer the benefit and legal advantages of registration, but do not monitor the market for infringement. Due the massive amount of data exchanged in commerce with the advent of the internet, it is impossible for trademark owners to physically look for infringers. Oppenheim Law offers […]
Once an application for trademark registration is filed it is assigned to an examining attorney that reviews every aspect of the application, including registrability of the mark and compliance with applicable laws. If, on the examination, the examining attorney finds that the application is not entitled to registration for any reason, she/he will issue an Office Action. The Office Action […]
A Patent is an exclusive right granted to inventors by the government to exclude others from making, using, distributing or selling their inventions without their authorization for a limited period, generally, 20 years. Patents provide economic incentive to inventors by offering the possibility of obtaining material reward for their innovations, in return for that protection inventors must publicly disclose all […]
The owners of IP have similar rights those held by real estate or personal property owners. Even though the concept is sometimes harder to grasp, owners of IP can sell, transfer, license and economically profit from their creative products in a similar fashion as owners of tangible property do. Protecting and transacting with IP assets is not only necessary for […]
IP transactions require a clear understanding of several areas of the law at the federal, state, and international level. IP legal protection mechanisms are territorial in nature: every country sets their own IP law. In the United States, states also have some freedom to regulate some aspects of intellectual property as well. Therefore, IP owners may have a combination of […]
What is a Trade Secret? A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others such as customer lists and marketing data. We can help you navigating IP Law! The protection of IP creates new jobs, strengthens industries and enhances the quality of life. As […]
An IP lawyer is skilled in intellectual property, which includes rules for properly securing and enforcing legal rights to inventions, designs, & artwork. We can help you navigating IP Law! The protection of IP creates new jobs, strengthens industries and enhances the quality of life. As an inventor, creator or entrepreneur, ensuring that you maintain ownership and rights to your […]
Intellectual property (IP) refers to creations of the mind. Artistic works, literary pieces, software code, logos, slogans, designs and inventions fall into this field. Hence, IP Law is the area of practice of law in charge of protecting the rights of authors, inventors and owners of those creations. Learn More: Intellectual Property Oppenheim Law Handles: Copyright Registration Copyright Enforcement and […]
Along with Patents, Copyrights are the “Classic IP Assets” as their protection is contemplated in the Constitution. A Copyright is a form of protection granted to authors of original works of authorship fixed in a tangible medium of expression. It prevents others from reproducing, preparing derivative works, distributing copies, performing or displaying works without the author’s permission. Protected works can […]
Trademark Brand Management A winning trademark management and enforcement can be critical to the success of a business and its corporate brand. At Oppenheim Law, we take a personal approach to brand management and enforcement – we treat these valuable assets as if they were our own. We recognize that trademark and brand management and enforcement involve more than simply […]
Registering Trademarks is an intensive process and may take from a year to 18 months when the examining process is seamless. Therefore, success in obtaining a registration is closely related to crafting an accurate and comprehensive trademark application. From selecting the appropriate class of products or/and services, to the proper selection of a specimen that meets the requirements of the […]
Trademark Clearance is a review of registered and common law (unregistered) trademarks. It includes pending, abandoned, and expired trademarks applications. While trademark searches are not a prerequisite to filing, searching is always recommended as it helps identifying identical or similar marks used to market related or closely related products. Those similar marks may act as bars to the adoption, use, […]
Trade dress consists of a combination of various elements that are used to promote a identifiable product or service. For a product, trade dress may be the shape, size, design, and packaging of the product itself such as a Coca Cola bottle. For a service, it may be the décor or environment in which the service is provided—for instance, the […]
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The following questions and answers are provided for general information only and may not be completely accurate in every circumstance, do not purport to be legal advice, and are not intended to be legally binding on Oppenheim Law in a particular case. Questions involving your legal rights and obligations should be addressed to a lawyer. Also please be mindful of the date the answers were published as the law continues to change and evolve.