If you conduct corporate transactions in Fort Lauderdale, it’s important to ensure that you are meticulous in creating the right documents and agreements.
Mistakes with corporate transactions can be expensive.
This applies to everything from employment agreements to corporate merger documents.
They must be carefully prepared, checked, and approved by corporate lawyers to ensure that you are covered from all angles.
No matter the type of corporate organization you run, you are likely to face regular legal issues from your business dealings.
That’s where the counsel of an experienced corporate transactions lawyer becomes invaluable.
What are corporate transactions?
If you need to arrange any of the following in Fort Lauderdale, a local corporate transactions lawyer will be able to assist:
- Form legal entities
- Draft and negotiate contracts
- Design employee policies
- Get advice on governance, compliance, and regulatory matters
- Get advice on real estate, intellectual property, and licensing matters
Corporate transactions law involves no litigation. It is focused on legal counsel, following correct corporate procedures, and generating the required documentation for organizations.
Business litigation and arbitration is a separate area that is required if there are disputes during transactions or business dealings.
Who uses corporate transactions?
Any corporation, large or small, with business dealings will use a range of corporate transactions to get things done.
This applies both internally (for matters like employment contracts and non-disclosure agreements) and in dealings with other organizations.
Many corporate business deals are complex and you need to make informed decisions with all the pertinent information available upfront.
Almost all corporate transactions carry potential risks. A corporate transaction attorney will clarify what these risks are and outline the options you have as you move ahead.
What services do we provide?
Our corporate transaction services for Fort Lauderdale businesses include the following:
Employment agreements are between an employer and employee, specifying the core terms for employment.
They may be negotiated before or after you hire an employee and, once signed, become legally binding.
It’s important for all organizations to get employment contracts right to avoid challenges and problems further down the line.
U.S. employment law is very clear on the rights and obligations of both parties, so it helps to have access to experienced legal counsel with a full understanding of its many complexities.
Typically, your employment agreements should include all of the key elements that make up the relationship between an employer and employee, such as:
- The grounds for ending the employment contract
- The length of the contract and a termination date
- Rate of pay (wages) and work hours
- Overtime requirements
- Employment benefits, such as insurance or medical expenses
- The main duties and responsibilities of the employee
- Job procedures to be followed
- Vacation and leave terms
- Employer responsibilities
- Procedures for problems or grievances
Many more elements can be included in employment contracts, such as clauses that make it illegal to disclose certain information or to use an organization’s intellectual property at a competing organization.
Employment agreements can be renegotiated after the employee has been hired and with the company for a while.
If there are breaches of the agreement by either side, the matter can be investigated by an employment administrative agency or it can lead to a private lawsuit.
That’s why it’s important for all such agreements to be checked and approved by a skilled corporate transactions lawyer prior to anyone signing.
Non-disclosure agreements or NDAs protect the confidential nature of a relationship.
A typical example is where an employee, consultant or a customer has access to intellectual property or other sensitive information that belongs to an organization and is not public knowledge.
In this case, a non-mutual non-disclosure agreement may need to be drawn up.
Another common example is where a business is just entering into negotiations with another business for a joint venture or some other purpose.
Each party may require access to sensitive information and seek assurances that this information cannot be passed on to competitors.
That’s when a mutual non-disclosure agreement is invaluable.
NDAs generally include the following information:
- The names of each party included in the agreement
- A description of the “confidential information” that the agreement refers to
- Any relevant exclusions from the agreement
- A description of what constitutes “appropriate use” of information
- The time period that the agreement is valid for
NDAs may refer to an upcoming product or some key information essential to the successful operations of the organization that needs protecting.
A non-disclosure agreement is legally binding, so if there are breaches (i.e. the restricted information is made available to others without express permission), damages may be sought through litigation.
Each agreement must be drawn up by a professional corporate transaction attorney who fully understands the applicable laws and the consequences of breaches.
A non-compete agreement is a contract between an employer and an employee, contractor or consultant.
It is usually created at the beginning of the relationship when a professional is hired. They are common in certain industries, such as media, information technology, finance, and manufacturing.
The professional who signs the agreement agrees not to:
- Enter into competition with the employer (usually for a specific period of time and/or in a specific location) if and when their employment contract is terminated;
- Reveal proprietary information or secrets to any other parties during or after employment.
Non-compete agreements may contain other clauses in addition to the above. For instance, a clause that prevents an employee from working for a competitor whether or not they resigned or were terminated.
It is, therefore, very important to engage an experienced corporate transactions attorney like those at Bryant Taylor Law to draw up your agreements.
Commercial leasing contracts
A commercial lease outlines the rental of property agreement between a landlord and a business.
These are usually more complex and varied than standard residential lease agreements.
Many of the terms are negotiable, the terms are often longer, larger investments are usually required, and many of the protections for residents are not available in the case of commercial agreements.
It is important, therefore, to engage legal counsel whether you are the landlord or the tenant. This will help prevent costly mistakes being made.
A commercial lease agreement will usually outline the rights and responsibilities of both parties and cover the following key areas:
- The length of the lease
- A clear description of the property (number of rooms, etc.)
- The amount of rent payable
- When rent can be increased and by how much
- The amount/terms of the security deposit
- Rules regarding modifying the property
- Rules regarding the display of signage
- A definition of the activities that are acceptable in the premises
- An exclusivity clause
- Rules regarding subletting
- Disabled access (mandatory for businesses with more than 15 employees)
Corporate mergers and acquisitions
Our corporate transaction services include legal counsel for corporate mergers and acquisitions. These are some of the most important deals that organizations conduct and the stakes are high.
It is therefore important to seek experienced legal advice from lawyers who understand the finer details of such deals.
Our lawyers can advise on the following:
- Acquisitions and divestitures
- Leveraged buyouts
- Strategic alliances
- Joint ventures
- Other complex corporate transactions
We have helped Fort Lauderdale organizations grow through such deals, providing seasoned advice and ensuring a meticulous approach to preparing the necessary documentation.
Contact a corporate transaction lawyer today
If you need any legal assistance related to corporate transactions, please contact us at Bryant Taylor Law: Call (954) 282-9331 or book a consultation online.