Business Law

At Holden, Roscow & Caedington, you will have the peace of mind that an experienced legal team is looking out for your best interests every step of the way. Whether you’re starting a business partnership, or buying or selling a company, we can help. Business laws will vary based on the type of business (e.g., private vs. public, for-profit vs. not-for-profit, etc.), its structure (e.g., corporation vs. limited liability company), and jurisdiction.

Our seasoned team of business law attorneys can help with most aspects of doing business, including, for example:

  • Business contracts
  • Business formation
  • Business dissolution
  • Corporate law
  • Commercial law
  • Bankruptcy law
  • Tax law

Business Transactions

Generally speaking, business transactions involve the exchange of goods, money, or services between two or more parties. Business transactions often require contracts and for a business transaction to be ultimately successful, each party must benefit somehow.

Businesses often rely upon a business attorney for counsel regarding deal negotiation, structuring and financing of transactions, leasing, sale and purchase of assets or stock, debt management, mergers, restructuring, reorganization, licensing, and other business issues.

Contract Preparation and Review

Contracts are agreements between “persons,” which includes both people and business entities, and includes leases, employment agreements, buy-sell agreements, construction contracts, non-compete agreements, agreements to license a service or product, franchise agreements, and real estate purchase agreements. A contract will often restrict or expand a party’s rights and remedies. Therefore, a well-drafted contract is vital to protecting your interests.

Contracts can be quite complicated, addressing a wide variety of issues. The goal for skilled contract lawyers like those at Holden, Roscow & Caedington is to maximize the contract’s benefit for its clients and avoid ambiguous or conflicting provisions.

When it comes to recovering fees in litigation, like every other state, Florida follows what’s commonly known as the “American Rule,” which means that each party pays its own attorney’s fees, win or lose, absent a contractual agreement otherwise, or as authorized by state or federal statute.

Corporations, Partnerships, and Other Business Entities

When deciding to form a business, the type of business entity is an important choice.  Particular benefits, costs, and legal requirements come with whatever entity is utilized, whether a corporation or one of several types of partnerships, such as a limited liability company (“LLC”).  Whatever entity is chosen, shareholders, partners, members, and managers often rely on a business attorney for advice on minimizing personal liability, protecting invested capital, structuring management, providing for resolution of conflict, and avoiding deadlock through voting requirements and buy-out provisions.

Clear expectations and responsibilities between those participating in a business will prevent many conflicts among the participants. This can generally be accomplished through well-drafted organizational documents. These include articles of organization, bylaws, operating agreements, shareholder agreements, partnership agreements, corporate minutes, and executive employment contracts.

The experienced real estate attorneys at Holden, Roscow & Caedington can help you with any type of business entity or transaction

Business formation, dissolution, transactions, and contracts can become quite complicated, and for many transactions, there are actual people involved who risk substantial assets. Therefore, it’s essential to have an experienced attorney at Holden, Roscow & Caedington assist you. Contact us today to discuss any business issues you may be facing.

Practice Areas