Although parties enter into business contracts intending to establish a clear understanding of their rights and responsibilities, Contract Dispute Attorneys in Tampa know it is all but inevitable that business owners will find themselves involved in contract disputes. If accused of a breach of contract, it is important to act promptly to limit potential exposure.

Consider all Defenses

Every potential defense should be considered, including arguing in the alternative, which means that contract dispute attorneys in Tampa can argue that either of two different defenses apply that are based on contradictory facts. For example, it could be asserted that no contract existed, but if the court found there was a contract, it was not breached.

You may have heard the term “fiduciary duty” before, but what exactly does it mean, and in what situations does it apply? Here is a rundown of the term as explained by a Florida Business Dispute Resolution Attorney at Savage, Combs & Villoch, PLLC. “Fiduciary” is a word derived from Latin, meaning “faith” or “trust,” and it refers to a high level of financial duty. In a fiduciary relationship, one person (the fiduciary) is responsible for the assets of another person and must act in the best interest of those assets. This usually applies when individuals handle the assets of others. This means that bookkeepers and other employees, as well as accountants and attorneys, are all considered fiduciaries.

Fiduciary Examples

Fiduciary duty is often used in situations involving business transactions and relationships such as homeowners associations. One example of an individual with fiduciary duties is a financial advisor, who is contracted by statute and through the business contract to keep your best interest in mind when it comes to your finances. If, for example, he learns about a profitable opportunity and does not share the information with you because his profits will be larger if he waits, he would be breaching his fiduciary duty. As a fiduciary, he must put his interests ahead of yours. Along those same lines, the board of directors in a corporation has a fiduciary responsibility to the corporation and their shareholders, and a community association board owes it to their residents to make the best budget decisions and assessments.

7 reasons that it’s a bad idea to hire a non-attorney to prepare your bankruptcy petition.

By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC

Bankruptcy is a complicated and paperwork-intensive process.  It involves filing a petition, schedules and statements of assets and liabilities, a statement of income, and documents accounting for transfers, to name a few things.  The initial documents amount to almost 50 pages.  These documents are subject to review by trustees and federal bankruptcy judges. Errors and nondisclosures can immediately jeopardize one’s case.  Sadly, however, many people resort to using non-attorneys to prepare their bankruptcy paperwork simply because these non-attorneys are cheap compared to attorneys.  But you get what you pay for, and below are 7 reasons why:

The penalties for insider trading are significant, and that alone acts as a deterrent for many. Some, however, like to push the limits or are simply naïve when it comes to the enforcement of SEC regulations. In any case, an experienced Tampa stock broker representation lawyer recognizes certain behavior that can be problematic.

The Broker Who Always Has Exclusive Tips

A stock broker is not permitted to make, buy or sell recommendations on the basis of material information that is not available to the public. Coupled with a broker’s duty to disclose all pertinent information necessary for an investor to make an informed decision, a stock broker who regularly offers information no one else has and isn’t forthcoming about its source is probably not playing by the rules.

When the SEC launches an investigation into allegations of insider trading, its net can be widely cast. In many instances, not only are the managers and employees of brokerage firms found liable, non-employee investors are swept up, too. A Tampa Stock Fraud Lawyer can explain that there are protocols to employ that can act to proactively protect market participants from any hint of insider trading.

Double Check any Advice Received

Inevitably, most will receive a hot investment tip that demands immediate action to maximize profits. It almost seems too good to be true. In fact, it just may be. The best way to ensure any information you receive is not from an insider is to do a little research. If you cannot find the information cannot in a publicly-available news source, think very carefully before acting on it.