An LLC exists to protect its members from personal liability. But that protection only works when the company operates according to its own rules. Courts and regulators evaluate intent and control who made decisions, what risks were disclosed, and whether the company respected its internal structure. A well-drafted Operating Agreement and complementary Management Agreement document […]

South Florida sits at the crossroads of global finance and world-class medicine and it’s also a focal point for federal health-care enforcement. If you run a clinic, DME company, lab, home health, hospice, behavioral health facility, or you’re a physician or executive in Miami-Dade, Broward, or Palm Beach, it’s essential to understand what actually sets an investigation […]

The U.S. Attorney’s Office for the Southern District of Florida (SDFL) publicly calls out its leadership role in COVID-relief cases and was tapped to co-lead one of DOJ’s three national COVID-19 Fraud Strike Force Teams, reflecting how much PPP/EIDL activity here drew federal scrutiny. In a single recent stretch, SDFL announced charges against 17 defendants […]

how to start a company blog img

Starting a company is actually simpler than it seems. To start a company: choose your business type (such as an LLC, corporation, etc.); choose your formation state (which doesn’t have to be where your business is located); prepare and file formation documents (Articles of Incorporation or Formation); and appoint a registered agent. When you have […]

seven steps to help protect your business from a data breach blog img

Cybercriminals are upping their game in an effort to obtain credit-card numbers, social-security numbers, PINs, and other personal information from millions of people throughout the world. At least once-a-week it seems that we hear about yet another large-scale theft of data from a retailer, a financial institution, or some other business. Cybercriminals target retail businesses, […]

suing your former employees new employer blog img

Conspiracy, collusion, conundrum, oh my . . . Are these thoughts going through your mind? Did your biggest competitor just hire away your most critical employee? Are they stealing your customers? Are they stealing other employees? You’re mad as hell. What can you do? In Michigan, when would the new employer be liable for your […]

how to avoid fiduciary duty claims blog img

If you’re from Detroit, or a Lions’ fan, you surely remember when Calvin Johnson made that great, game-winning catch against the Dallas Cowboys to put the Lions in playoffs. Except he didn’t. The referee threw a yellow flat and ruled it was not a valid catch, and it was not a valid touchdown. The NFL […]

why create an entity 6 reasons you should become an organized business entity blog img

Many people dream about being entrepreneurs. They may begin by doing something they love, and then they start getting paid for it! It’s easy to enjoy your success and overlook the need to take your business to the next level. When you organize your business into an official entity, you give it legitimacy. People start […]

limited liability company operating agreement do i need one blog img

What Is an LLC Operating Agreement? An operating agreement for a Limited Liability Company is a document by which you – an owner of the entity — customizes how your company will operate, hopefully with the assistance of experienced counsel and presumably based on your specific needs. It also, in a structured manner, or as […]

should you set up your company as an llc or s corporation blog img

As you are starting a business, you are confronted with a question right out of the box: Should you set up your new company as a Limited Liability Company (LLC) or as a Corporation? Each have their own set of guidelines, benefits and drawbacks. In this blog, I briefly compare LLCs with S-corporations (S-Corp). This […]