Ask Aaron is the Law Offices of Aaron Resnick, P.A. answer library for Florida business owners, partners, shareholders, investors, and companies facing disputes involving ownership, contracts, lawsuits, money, and commercial property.
Each page starts with a direct short answer, explains when the issue becomes urgent, identifies the documents that matter, and describes the legal and practical options that may be available. The information is general and does not create an attorney-client relationship.
Choose the question closest to your situation. For a deadline, active lawsuit, lockout, threatened transfer, or missing money or records, call 305-672-7495 or request a consultation.
Aaron answers the questions Florida business owners actually ask, grouped by subject. 42 answers.
The full archive of the firm's earlier writing on South Florida business, real estate and litigation, 185 entries from 2014 to 2016. Kept complete and unedited.
The answers support the firm's primary practice areas: partnership and shareholder disputes, commercial litigation, breach of contract, and commercial real-estate disputes.
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Short Answer You do not get out of a Florida contract simply because it became expensive or inconvenient. The lawful exit may come from a termination clause, expiration, a notice and cure process, mutual release, the other side's material breach, rescission based on defined facts, or another rec...
Short Answer Some verbal agreements can be legally binding in Florida if the parties agreed on sufficiently definite terms and the agreement is not one the law requires to be in writing. Florida's statute of frauds covers categories including many agreements involving land, leases longer than on...
Short Answer Florida contract damages generally aim to place the nonbreaching party in the position it would have occupied if the agreement had been performed, subject to proof and legal limits. Depending on the contract and facts, claimed losses may include unpaid amounts, direct expenses, lost...
Yes, you can end a business partnership in Florida without destroying the company—but it requires careful planning and the right legal strategy. Learn what documents to gather, when to act urgently, your legal options, and what typically happens in a business divorce case.
Short Answer Yes. Most Florida business lawsuits can be settled before trial, and settlement may occur before suit, after initial filings, at mediation, during discovery, or even while an appeal is pending. The question is not whether settlement is possible. It is whether the available terms are...
Short Answer Sometimes. A demand letter can define the dispute, satisfy a contractual notice or cure requirement, request payment or performance, and create an opportunity to resolve the matter before litigation. But a demand is not automatically required in every Florida business case, and warn...
Short Answer A demand letter is not a lawsuit or court order, but it should not be ignored. Read the requested action and deadline carefully, preserve the relevant records, identify insurance or indemnity rights, and avoid an immediate emotional response. The letter may be written to invite sett...
Short Answer When someone threatens to sue your business, do not panic and do not dismiss it as bluster. Preserve the relevant documents, identify the contract and people involved, notify an insurer if coverage may exist, and stop employees from responding independently. A credible threat is an ...
Short Answer Florida corporations, LLCs, and other artificial entities generally must appear in court through a licensed attorney, with limited exceptions such as certain small claims proceedings. Even where a narrow exception exists, the practical risk may justify counsel. A response is not sim...
Short Answer Ignoring a Florida business lawsuit can allow the plaintiff to seek a default and, eventually, a judgment or other relief without the business fully presenting its defenses. Missing the response deadline does not always mean every option is gone, but delay makes the problem harder a...
Short Answer If your business is served with a Florida lawsuit, record exactly when and how service occurred, save every page, and contact litigation counsel immediately. A defendant commonly must serve an answer within 20 days after service of original process and the initial pleading, although...
Short Answer For a partnership dispute consultation, gather the documents that answer four questions: who owns what, who controls what, where the money went, and what changed. Start with the operating or shareholder agreement, formation records, recent financials, bank access, tax returns, and t...
Short Answer A partner or majority owner may have discretion over whether a company makes distributions, but that discretion is not unlimited and does not answer every dispute. The operating agreement, tax allocations, solvency rules, past practice, manager authority, and treatment of other owne...
On December 13, 2022, the City of Miami Beach officially proclaimed Aaron Resnick Day, recognizing Aaron’s remarkable contributions to both the legal field and the community. A distinguished business litigator, Aaron was named Business Litigation Lawyer of the Year in Florida and the United States by Law International Magazine. His leadership roles, including President of the Miami Beach Bar Association and co-chair of the Miami-Dade Bar’s Civil Litigation Committee, have established him as a key figure in the South Florida legal community. Beyond his legal career, Aaron has dedicated himself to service through his co-founding of the Little Lighthouse Foundation, which provides support to underserved children and families. He has also served on numerous boards, including those of Best Buddies of South Florida and Big Brothers Big Sisters of Miami, furthering his commitment to mentorship and education. Aaron Resnick Day celebrates not only his professional success but also his enduring commitment to philanthropy. The citywide celebration highlighted his leadership and ongoing impact, ensuring his legacy will inspire future generations. Today, Aaron’s work continues to shape the legal profession and the South Florida community, embodying excellence and service.
Court Blocks Enforcement of Corporate Transparency Act – December 4, 2024 On December 3, 2024, a federal court issued a preliminary injunction halting the enforcement of the Corporate Transparency Act (CTA), delaying its implementation for millions of businesses across the U.S. The ruling, made by the U.S. District Court for the Eastern District of Texas, temporarily blocks the government from enforcing the CTA’s requirement for businesses to disclose their beneficial ownership information to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The plaintiffs in the case argue that the law oversteps constitutional bounds by mandating businesses to disclose private ownership details. While the injunction offers temporary relief, the legal battle is ongoing, and the government is expected to appeal. Businesses that were preparing for compliance are now given more time, but they should remain cautious and stay updated on future developments. If the decision is overturned, businesses may face immediate reporting obligations. As the case progresses, it is crucial for businesses to monitor the situation and continue gathering beneficial ownership information to ensure readiness for compliance. The outcome of this legal challenge could reshape how companies handle transparency requirements and the overall regulatory landscape.
Florida businesses face significant challenges in the aftermath of a hurricane, from physical damages to operational disruptions. The first critical step is to assess damages safely, ensuring that the premises are secure before documenting all losses with photos and videos. Promptly contacting your insurance provider is essential to understand your coverage and initiate claims. Businesses should also explore federal and state assistance programs, such as the Small Business Administration's disaster loans and resources offered by the Florida Division of Emergency Management. Local organizations like Chambers of Commerce and Economic Development Councils can provide additional support and information on available resources. Open communication with employees and customers is vital to maintain trust and manage expectations during the recovery process. Reviewing and updating business plans, including emergency protocols and financial strategies, can strengthen resilience against future disasters. Legal considerations play a significant role in recovery. Understanding contractual obligations, regulatory compliance, and insurance disputes requires professional guidance. The Law Office of Aaron Resnick specializes in assisting businesses with these legal complexities, offering expertise in insurance claims, contract law, and real estate matters. By leveraging available resources and expert legal support, Florida businesses can navigate the challenges of post-hurricane recovery and build a more resilient future. For personalized legal assistance, visit thefirmmiami.com or contact the Law Office of Aaron Resnick directly
September 2024 Update: In August 2024, the Federal Trade Commission’s (FTC) proposed ban on non-compete agreements was blocked by a federal court in Texas, halting its enforcement nationwide. The ban, set to take effect in September 2024, aimed to prohibit most non-competes, arguing they suppress wages and limit worker mobility. However, the court ruled that the FTC had exceeded its authority and deemed the rule "arbitrary and capricious." While this ruling prevents the ban's enforcement, the FTC is expected to appeal the decision. The legal battle over the FTC's ability to regulate non-compete agreements could continue to the U.S. Supreme Court. For now, employers can continue using non-competes as permitted under state law, though ongoing scrutiny from federal and state authorities suggests these agreements may face further regulation in the future. Employers should review existing agreements and consider alternatives like non-solicitation clauses. Employees bound by non-competes should stay informed about their rights and potential future changes to the law.
If you have overpaid your commercial rent tax in Florida due to unadjusted tax rates or billing errors, you might be entitled to a refund. The Law Offices of Aaron Resnick specialize in helping businesses identify and recover these overpayments. Recent changes in Florida's rent tax laws have lowered the rates significantly, but many landlords have failed to adjust tenant payments accordingly. Our experienced attorneys offer comprehensive lease reviews to uncover any discrepancies, communicate with landlords to negotiate refunds or credits, and, if necessary, provide robust litigation services to ensure you get back what you're owed. Understanding your rights and addressing overpayments promptly can save your business significant amounts of money. Contact the Law Offices of Aaron Resnick at (305) 672-7495 for expert assistance in reclaiming your overpaid Florida rent tax. Let our skilled team handle the complexities, ensuring a smooth recovery process without the stress and hassle of doing it on your own.
Florida's new condo laws, enacted in 2024, are designed to enhance the safety, transparency, and governance of condominium associations. Key changes include mandatory structural inspections for older buildings, stricter reserve fund requirements, and enhanced financial disclosures. These laws aim to prevent tragedies like the Surfside collapse and ensure the well-being of residents. The Law Offices of Aaron Resnick provide expert guidance to help navigate these new regulations. Whether you're a condo owner, association member, or property manager, understanding these changes is crucial for compliance and protecting property investments. Stay informed with the latest insights from the Law Offices of Aaron Resnick.
We provide essential guidance on choosing the right Florida business litigation attorney. We emphasize the importance of selecting an attorney with specialized experience in business law and a strong track record in relevant cases. Evaluating reputation through client testimonials is recommended to assess credibility and success. Personal compatibility and effective communication between attorney and client are also crucial considerations. Understanding fee structures and discussing costs upfront is emphasized to prevent misunderstandings. Our blog aims to assist businesses in Florida in making informed decisions when selecting legal representation for litigation matters.
Fashion Attorney and Designer, Brittany Rawlings, was featured in Ocean Drive Magazine. In the feature, Rawlings was queried what inspired her to work as a fashion and entertainment law attorney as well as other information about her and her practice. Rawlings heads the firm's Fashion law depart...
June 2024 UPDATE: the Federal Trade Commission (FTC) issued a final rule banning most non-compete agreements nationwide, effective 120 days after publication in the Federal Register. This rule impacts all workers except senior executives and includes provisions for employers to notify employees about the unenforceability of existing non-compete agreements. The rule does allow non-compete clauses in the context of business sales. The Law Offices of Aaron Resnick offer specialized services to audit existing non-compete agreements and ensure businesses comply with these new regulations. They provide legal support for updating business contracts and navigating the complexities of the FTC’s final rule, ensuring your business remains compliant and protected. For expert guidance and a thorough review of your agreements, contact the Law Offices of Aaron Resnick.
In celebration of Small Business Saturday, we highlight Avenue Real Estate Partners, a leading commercial real estate brokerage in Miami Beach, founded by Aaron J. Butler. With over 20 years of experience and more than $1 billion in transactions, Avenue has established itself as a market leader in South Florida. Specializing in landlord and tenant representation, ground-up construction, leasing, sales, and market analysis, Aaron has transformed Miami’s high street retail markets, including Lincoln Road and the Design District. Avenue Real Estate Partners has worked with major clients such as CVS Pharmacy, Soul Cycle, and Equinox. Their commitment to innovation, market knowledge, and exceptional service sets them apart in the competitive Miami real estate market. Support Avenue Real Estate Partners and other local businesses this Small Business Saturday to foster community growth and development. For more information, visit Avenue Real Estate Partners. In celebration of Small Business Saturday, we highlight Avenue Real Estate Partners, a leading commercial real estate brokerage in Miami Beach, founded by Aaron J. Butler. With over 20 years of experience and more than $1 billion in transactions, Avenue has established itself as a market leader in South Florida. Specializing in landlord and tenant representation, ground-up construction, leasing, sales, and market analysis, Aaron has transformed Miami’s high street retail markets, including Lincoln Road and the Design District. Avenue Real Estate Partners has worked with major clients such as CVS Pharmacy, Soul Cycle, and Equinox. Their commitment to innovation, market knowledge, and exceptional service sets them apart in the competitive Miami real estate market. Support Avenue Real Estate Partners and other local businesses this Small Business Saturday to foster community growth and development. For more information, visit Avenue Real Estate Partners.
The Related Group, headquartered in Miami, stands as a titan in Florida's real estate sector, particularly noted for its expansive influence on the state's urban landscapes. Renowned for developing high-end, luxury residential properties, The Related Group's projects are emblematic of sophisticated design and modern living. Their developments not only enhance the aesthetic and functional appeal of neighborhoods but also stimulate local economies through job creation and increased commercial activity. Each project undertaken by The Related Group is a testament to their commitment to excellence and innovation in architecture and community planning. Over the years, they have transformed Miami's skyline and have started leaving similar marks on other Floridian cities. Their developments are more than just buildings; they are vibrant communities that offer top-tier amenities and green spaces, reflecting a deep understanding of luxury and lifestyle needs. The Related Group's continued expansion and success underscore Florida's growing appeal as a top destination for real estate investors and homebuyers seeking luxury and quality in their living spaces. This blog delves into how The Related Group’s initiatives align with Florida's economic growth and development goals, showcasing their role in shaping the future of real estate in the region.
Explore MyFloridaLicense.com diverse licensing requirements with the Law Offices of Aaron Resnick. This comprehensive guide covers key industries from construction to cosmetology and professional services like accounting and engineering, offering insights into compliance and operational success. Learn about the digital tools available for license management and special programs for fee waivers, particularly for military personnel, ensuring your business thrives under compliant and expert guidance.
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