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News & Events - Winderweedle, Haines, Ward and Woodman, P.A. - Orlando - Winter Park, FL

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Litigation Costs HOW Much? Can I At Least Deduct It?

Litigation Costs HOW Much? Can I At Least Deduct It?

Business owners often question whether the business will be able to deduct its legal expenses. The Fifth Circuit Court of Appeals in Cavanaugh v. Commissioner, 18-60299, 2019 WL 1430193 (5th Cir. Mar. 29, 2019) recently shed some light on this matter. The Court found that settlement payments and litigation expenses paid by a business regarding … Read more

PACE Loans in Florida: A Lender’s Perspective

Florida’s “PACE” Program (which stands for Property Assessed Clean Energy) was created in 2010 through Section 163.08, Florida Statutes, which authorized Florida local governments to finance property improvements for energy conservation and improving a property’s resistance to storm damage.

Establishing the priority of a lender’s mortgage lien during foreclosure or bankruptcy can be challenging when the collateral is also encumbered by governmental or quasi-governmental liens with unsettled lien priority. One such problematic example is the lien priority of PACE loans. Florida’s “PACE” Program (which stands for Property Assessed Clean Energy) was created in 2010 … Read more

Does Your Limited Liability Company Have a “Prenuptial Agreement”? (If Not, Consider Reading This)

With the emergence of the limited liability company (“LLC” or “company”) entity type, an owner, known as a “member,” can minimize or prevent setbacks that interrupt business operations that in very extreme instances, cause it to dissolve.

With the emergence of the limited liability company (“LLC” or “company”) entity type, an owner, known as a “member,” can minimize or prevent setbacks that interrupt business operations that in very extreme instances, cause it to dissolve. Similar to a prenuptial agreement in the marriage context, a properly drafted operating agreement can protect members and … Read more

Changing the Playing Field: Viable Alternatives to Non-Compete Agreements

Viable Alternatives to Non-Compete Agreements

Employers seeking to prevent their employees, contractors, consultants or former partners from competing or soliciting will typically utilize a traditional non-compete agreement, either standing alone or embedded within a broader agreement. The non-compete limits a person from competing and soliciting for a specific period of time, and within a designated geographic area. However, it can … Read more