Weissman & Dervishi, P.A.Weissman & Dervishi, P.A.2026-06-02T13:33:58Zhttps://www.wdpalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404507/2024/10/cropped-wd-site-icon-32x32.jpgOn Behalf of Weissman & Dervishi, P.A.<![CDATA[5 key restrictive covenants every Miami business should consider]]>https://www.wdpalaw.com/?p=512052026-05-28T13:35:24Z2026-06-02T13:33:58ZWhat are restrictive covenants?
Restrictive covenants are legally binding agreements between two parties. They set clear limits on what a former employee, partner or business associate can do after leaving your company. In fact, these agreements help you prevent costly disputes before they even start. They also give you a clear legal path if someone crosses the line.
Five types of restrictive covenants your business needs
Now that you understand what restrictive covenants are, it is important to know which ones apply to your business. Each agreement targets a specific vulnerability and using the right combination gives you well-rounded protection. Here are five covenants worth considering:
Non-compete clauses: These prevent a former employee or partner from working for a competing business within a specific geographic area for a set period of time.
Non-solicitation clauses: These stop a departing party from reaching out to your existing clients, customers or vendors for their own benefit.
Non-poaching clauses: These clauses restrict a former employee or partner from recruiting your key staff members to another company.
Non-disclosure agreements (NDAs): You enforce these to protect your proprietary information, trade secrets and intellectual property by preventing others from sharing or using your confidential data.
Non-dealing clauses: These prevent a former employee from conducting any business with your former clients, even if those clients reach out to them first.
Together, these five agreements address the most common risks your business faces when a professional relationship ends.
Take the right steps to protect your business
Protecting your business is a long-term commitment. Every Miami business faces unique challenges and the right combination of covenants will look different for each one.
The good news is that you do not have to figure it all out on your own. With the right support and a clear understanding of your options, you can put strong agreements in place and focus on growing your business with confidence and peace of mind.]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[Can you hold a buyer accountable for tortious interference?]]>https://www.wdpalaw.com/?p=511932026-03-02T07:09:45Z2026-03-05T07:09:04ZHigh-stakes real estate deals in Florida move fast. You invest significant time and resources to bring a buyer and seller together. Sometimes a buyer tries to cut you out of the closing to save money. This act does not just hurt your wallet. It violates the law. You can hold a buyer accountable when they intentionally disrupt your contract for their own gain.
Understanding the nature of tortious interference
Tortious interference occurs when a third party moves between two entities to sabotage a legitimate business deal. In Florida this tort protects your right to earn a fee without outside meddling. This interference affects everyone in the transaction. It ruins professional trust and causes substantial financial pain. When a buyer ignores your role they rob you of the reward for your professional involvement.
How to prove misconduct in court
You prove tortious interference by showing the buyer knew about your agreement. You must show they acted with the specific intent to harm your relationship. A common example involves a buyer who demands a lower price if the seller removes the broker. Another involves a buyer who lies to a seller about your involvement to avoid paying a commission. Courts look for a paper trail of emails and texts that show a plan to bypass your rights.
The strategic edge in litigation
Complex commercial cases require more than just a basic understanding of the law. You need a trial-ready approach to uncover the truth and secure your assets. A strong advocate finds the hidden details that prove a buyer acted in bad faith. Protecting your interests means holding these parties responsible for every cent they tried to hide. Effective representation may turn the tide in high-stakes disputes and ensure your business thrives in a competitive market.
]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[What to do when facing a breach of contract in Florida]]>https://www.wdpalaw.com/?p=511912025-12-01T12:30:34Z2025-12-04T12:30:16ZWhen two businesses work together, you expect the other side to follow the agreement or contract. However, a company may miss a deadline, deliver poor work or refuse to pay. When this happens, you must understand how Florida handles business contract breaches so you can make clearer decisions.
What counts as a breach of contract
A breach of contract happens when one party fails to perform an obligation under the agreement. For a breach to become serious enough for you to end the deal and sue for full damages, it must be material.A material breach means the failure is so significant that it destroys the whole deal or prevents you from obtaining the main benefit of the contract.In Florida, courts decide whether a breach is material by considering several factors. They look at how badly the broken promise harmed your project, whether the other business tried to fix the problem (called cure) and whether the breaking party acted in good faith.The more serious the breach, the more likely you are to be able to stop your performance and seek legal compensation.
What you can do after a breach
When a breach happens, you have several options. Start by reviewing the contract to see what it says about notice and the steps both sides must follow. Common remedies include:
Asking for damages: You request compensation for your losses, such as lost profits or additional expenses.
Rescission: If the breach is material, you may choose to cancel the contract.
Specific performance: In rare situations where money cannot fix the harm, you may ask the court to order the other business to complete the work.
Florida law sets firm deadlines for taking action. For most written contracts, you must file your lawsuit within five years of the breach. If you want specific performance, you must file within one year.
Why speaking with a lawyer can help
Commercial contract disputes can put significant pressure on your business, especially when money or timelines are at stake. Speaking with an attorney helps you gain a clearer picture of your rights, your strongest options and the steps that may protect you moving forward. Even a small amount of guidance can help you choose your next move with more confidence.]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[When purchasing commercial real estate internationally gets messy ]]>https://www.wdpalaw.com/?p=511842025-08-29T11:14:34Z2025-09-03T11:13:49ZPurchasing commercial real estate internationally can be an appealing opportunity, offering access to new markets, favorable tax conditions and potentially lucrative returns. Yet, when the process moves from idea to execution, it often becomes much messier than buyers may initially expect.
International real estate transactions are often complicated by overlapping laws, unfamiliar regulations, cultural differences and logistical challenges that can quickly derail a deal or lead to disputes. As a result, engaging the services of a skilled legal team familiar with international transactions and litigation early in the process can be a wise move.
Being proactive and responding to challenges in informed ways
In some countries, foreign investors cannot directly own commercial property. Instead, they may be required to form a local entity, lease property for long terms or partner with domestic businesses. Without proper legal guidance, buyers may enter into agreements that severely restrict their use of the property at issue and/or expose them to risks they did not anticipate.Regulatory compliance is another significant challenge. Each jurisdiction has its own zoning laws, land-use restrictions and licensing requirements. What might seem like a minor detail in one country could be a dealbreaker in another. For example, certain countries may require government approval before a foreigner can purchase commercial land, or impose conditions that limit how the property can be developed. Failing to account for these regulations can result in delays, penalties or even forfeiture of the investment.Additionally, contract negotiations may be subject to different customs, and language barriers can lead to misinterpretations. Legal systems may not operate under the same principles as those in the United States, leaving buyers without the protections they expect. Dispute resolution can be particularly difficult, especially if contracts do not specify how and where conflicts will be resolved. Enforcing judgments across borders is often complex, and without carefully drafted agreements, parties can find themselves stuck in lengthy, expensive litigation.Finally, political and economic instability can dramatically affect commercial real estate investments abroad. Shifts in government policy, sudden changes in property law or unstable markets may impact ownership rights or property values overnight. Even carefully structured deals are vulnerable to these risks.For businesses and investors, entering international commercial real estate markets requires more than ambition—it requires careful planning, detailed due diligence and strong legal guidance. A business litigation law firm with experience in international matters, including litigation, can help buyers identify potential pitfalls, draft enforceable contracts and protect their interests should disputes arise. ]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[How receivership benefits corporate creditors]]>https://www.wdpalaw.com/?p=511782025-05-27T06:06:52Z2025-05-30T06:06:15ZWhat is receivership?
Receivership is a special business management arrangement that can potentially help prevent a business bankruptcy. In some cases, receivership begins with a business announcing a plan to restructure. In other cases, the courts establish a receivership in response to creditor lawsuits. Ideally, the process helps the company address its financial issues and become profitable again.
During receivership, the courts appoint an outside professional, called a receiver, to review company operations and financial records. They take control of financial decisions, reallocate resources and attempt to resolve the company's financial issues. Executives and owners retain their positions within the organization during receivership, but their authority is subject to limitations.
Receivership can result in drastic shifts in how a company operates. The actions of the court-appointed receiver can help creditors recoup losses and start collecting on a major business debt. A receiver has a duty to the organization to make decisions that benefit the company and help it regain financial solvency.
Receivers can make decisions about shareholder dividends and asset liquidation. They can review employee performance and even make plans to close unprofitable locations or departments. Their decisions can help resolve a company’s financial obligations and help the company become more efficient and profitable in the long run.
Requesting receivership and taking other aggressive business-to-business collection efforts are challenging steps. Business leaders may need assistance evaluating their options and taking appropriate steps to hold corporate debtors accountable. Receivership is one of many options that can help force a company into financial compliance.]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[How businesses can settle major contract issues in civil court]]>https://www.wdpalaw.com/?p=511692025-02-24T07:05:01Z2025-02-27T07:04:26ZBy invalidating the agreement
Contract litigation often begins with an analysis of the contract. Once a judge has determined that the contract is valid, they can acquiesce to requests to invalidate the contract. Contract rescission occurs when a judge agrees to set aside a contract and terminate the obligations that each party has to the other. Rescission eliminates the requirement to continue doing business with the other party. It may also result in a refund of any payments for undelivered goods or deposits for work not performed.
By providing financial relief
Sometimes, contracts include terms that protect the finances of the parties that signed the agreement. There may be penalty clauses a judge can enforce. The party in breach of the contract may have to provide a certain amount of money to the other party for failing to uphold the agreement. Other times, plaintiffs affected by contract breaches could request damages. If they can show a judge that the breach of contract costs their organization money, the judge could award them damages to compensate for the harm done.
By enforcing contract terms
Civil judges also have several options available to them if they want to uphold or enforce the terms of an agreement. If a former employee or service provider violated a non-disclosure agreement, a judge could issue an injunction essentially forbidding them from committing future violations. Judges can also order specific performance. They could require one party to deliver goods as promised initially or correct work already performed to bring it in line with the standards set in the initial agreement.
In many cases, contract litigation benefits plaintiffs by inspiring the party that breached the agreement to address the issue. They may reach out to settle the matter instead of going to trial. Pursuing business litigation can provide both direct and indirect solutions for contractual issues. Business owners and executives may need help documenting contract breaches and determining what forms of relief to request from the courts, and that’s okay.]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[Is a golden parachute a form of fraudulent transfer?]]>https://www.wdpalaw.com/?p=511212024-11-29T04:19:22Z2024-12-05T04:18:56ZFraudulent transfers involve avoiding responsibility
A golden parachute is a large severance package typically promised to an executive at the time of their onboarding. Provided that they remain with the company for a set amount of time or hit certain productivity goals regarding their job performance or the company's operations, they can receive large bonuses when they exit the organization in the future.
In theory, a golden parachute is simply the fulfillment of the company's contractual obligations to its workers. In practice, a golden parachute can represent a fraudulent and inappropriate attempt to extract wealth from a company that does not intend to fulfill its financial obligations to others. Fraudulent transfers can play a role in business collection efforts.
Business creditors can sometimes raise questions about the appropriateness of providing a large executive bonus when the company is on the cusp of insolvency. In some cases, the courts may hold the organization accountable for inappropriate transfers conducted immediately prior to bankruptcy proceedings. Creditors may be able to secure partial repayment by highlighting questionable transactions and asking the courts to intervene.
Companies attempting to collect on a debt that could be subject to discharge or restructuring efforts when a debtor organization files for bankruptcy may need help exploring different collection options. Litigation is sometimes the best solution for businesses denied appropriate repayment for valid debts.]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[Signs of irreconcilable differences in a partnership]]>https://www.wdpalaw.com/?p=505042024-08-27T10:10:02Z2024-08-30T11:40:18Zdissolving a partnership is the best option. Entrepreneurs should familiarize themselves with key indicators that a partnership may be beyond salvaging.
Constant and escalating conflicts
While disagreements are natural in any business relationship, they should not be so constant that they beat the purpose of collaboration. When conflicts become constant and increasingly hostile, it is a red flag that the partnership may be in jeopardy.
Entrepreneurs in a partnership might want to think of a way out if every decision leads to arguments, and they dread interactions with their partners. At this point, the relationship may have reached a breaking point. Continuing with the collaboration may only escalate conflicts, which would drain the resources the business relies on to stay operational.
Lack of trust
Like any relationship, trust between collaborating entrepreneurs is the foundation of a strong partnership. Trust in a partnership can be broken due to:
Financial dishonesty
Unethical behavior
Perceived betrayal
As is the case for most relationships, it can be challenging to rebuild broken trust. A lack of trust can lead to:
Micromanagement
Constant second-guessing
A toxic working environment
The partnership may become unsustainable when trust is gone; sometimes, dissolving it might be the only way forward.
Misaligned values and goals
One of the main incentives for entrepreneurs to enter into partnerships is the recognition of their shared values and aligned goals. When partners no longer see eye to eye on the direction of the business, it can create a rift that is difficult to bridge.
For example, if one partner wants to expand aggressively while the other prefers a more conservative approach, this fundamental difference in strategy can lead to ongoing disputes. When values and long-term objectives diverge significantly, it may be a sign that the partnership is no longer viable.
Business partners contemplating dissolving their partnership can benefit from legal guidance before making this significant decision. The right legal group can help entrepreneurs in this predicament make decisions that will minimize a risk of associated legal trouble.]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[Piercing the corporate veil: Why it is done]]>https://www.wdpalaw.com/?p=505012024-06-05T05:13:51Z2024-06-10T05:13:15ZThe “corporate veil” refers to the legal distinction between a corporation and its shareholders – which is generally designed to protect the latter from being personally liable for any of the company’s debts.
However, there are times when it may become necessary to try to pierce that corporate veil so that individuals can be held personally accountable for the business entity’s liabilities.
Why piercing the corporate veil can be necessary
Piercing the corporate veil is a drastic step, and one that the courts do not take lightly. Fraud and misconduct are the top reasons that this kind of legal action is necessary.Some people purposefully misuse the corporate structure to escape personal liabilities. If shareholders or directors fraudulently convey (transfer) assets to a corporation they control to hinder creditors. This typically involves situations when a debtor is facing personal insolvency and is anticipating bankruptcy or other legal action and they’re trying to place assets out of reach.Fraudulent conveyance often involves transferring assets without receiving the equivalent value in return. For instance, selling a property significantly below its market value or gifting assets to a family member, friend or business associate without any consideration can be fraudulent if it leaves the debtor in question unable to meet their obligations. In many cases, this transfer is done with the intention of the debtor to retrieve the assets once their financial issues are resolved.The timing of an asset transfer can be a crucial factor in determining fraudulent intent. Transfers may be made shortly before or after a creditor makes their claim, but the usual “red flag” is that the debtor is already facing financial difficulties.
What are the potential options?
If a transfer is deemed fraudulent, the court can intervene to protect a creditor’s rights. The possible legal remedies for the creditor and consequences for the individual include:
Voidable transfers: Courts can declare a fraudulent conveyance void, effectively reversing the transfer. This means the asset is returned to the debtor's estate and made available to satisfy creditor claims.
Recovery of assets via other means: Creditors may pursue legal action to recover the equivalent value of the transferred assets if those assets are dissipated or otherwise beyond reach. This helps ensure that creditors can collect on their legitimate claims despite the debtor's attempt to hide or shield assets.
Punitive damages: In some cases, courts will impose punitive damages on the debtor for engaging in fraudulent conveyance. This serves as a deterrent against future fraudulent behavior and compensates creditors for their additional costs and the efforts they have to expend trying to recover their claims.
Debtors will usually seek to defend their actions by showing that the transfer was made in good faith for legitimate reasons, that the consideration given was fair due to unique circumstances (such as the state of disrepair of the assets, especially real estate) or that they were not actually insolvent or anticipating insolvency at the time. That can turn this kind of litigation into a hard-fought battle.Fraudulent conveyance undermines the integrity of the financial system and creditor-debtor relationships. If you believe that a debtor is using their corporation to shield themselves from debts in a way that violates the law, it may be time to seek additional legal guidance that is tailored to the specifics of your situation. ]]>On Behalf of Weissman & Dervishi, P.A.<![CDATA[What is unfair competition in business?]]>https://www.wdpalaw.com/?p=504932024-03-05T10:02:42Z2024-03-08T10:02:05ZThe old adage says that “a little competition is healthy,” and that’s true in business as much as any other aspect of life. Healthy competition gives consumers real choices – and it encourages companies to be both responsive to their customers’ needs and innovative with their products or processes.
However, some companies take competitiveness to an unhealthy – and illegal – level. Unfair competition refers to various deceptive, underhanded business practices that hurt both the company’s rivals and consumers – and the market as a whole.
What does unfair competition look like?
Unfair competition can take various forms, ranging from false advertising to intellectual property infringement, and it often violates established laws and regulations. Here are a few examples of what that might mean in practice:
False advertising: This occurs when a company makes misleading or outright false claims about a product or service to trick people into buying what they’re selling. For example, Gerber said that its Good Start Gentle infant formula would prevent babies from developing allergies, which was not backed up by any solid research – and the Federal Trade Commission ultimately filed a lawsuit to shut down those claims.
Trademark infringement: This involves the unauthorized use of another company’s logo, slogan or other branding, which can lead to concussion among consumers and possible damage to the original brand’s good name. An example might be someone opening a burger joint called “MacDonald’s” and displaying the iconic “golden arches” trademarked by McDonald’s on their sign.
Misappropriation of trade secrets: When business relationships sour, someone may try to parlay their knowledge of a company’s secrets into financial rewards from another company. This could involve something like a former business partner taking the formula for your “secret sauce” and selling it to a competitor.
Price discrimination: This is a practice where a company charges different prices for the same product or service based on factors like the customer’s location, type or purchasing power. For example, a supplier might charge you 50% more for a product simply because your company has “bigger purchasing power,” while offering the same product to your competitor for the regular price.
Libel: This is any situation where one business actively (and unfairly) denigrates another business, attacking their products or services in a way that’s designed to cause financial harm or even drive them out of business. Often this involves statements made as facts, not opinions, like “Joe’s Pizza uses expired products in its sauce,” instead of “I think the sauce at Joe’s Pizza tastes old.”
These are not the only forms unfair competition can take, but these examples give you an idea of what sort of issues could lead to litigation. If your company has been the victim of unfair competition, you need to act quickly to protect your brand and everything you’ve worked so hard to achieve. In many cases, a cease and desist letter to the offending party may be enough to stop the activity – but you may also want to seek injunctive relief through a court order to mitigate your losses. If your financial losses are severe, you may need to take the issue even further and initiate a lawsuit.]]>