Year's end is neither an end nor a beginning but a going on, with all the wisdom that experience can instill in us.
-Hal Borland
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Vol 1. Issue 1 |
Dear Friends and Clients,
As we all move into 2007, let me first wish everyone a happy and healthy new year!! Looking forward, as many of you know, I recently re-established my own law firm after leaving Arista & Feldman, P.L. While associations may change, one thing that will not is my commitment to keeping our friends and clients up to date on legal issues of interest within our practice areas. As part of that commitment, I'm proud to present you with our first issue of "Get Briefed™," a regular E-Newsletter prepared for the benefit of those we care about most. I look forward to hearing your feedback and to many more issues to come.
Best Regards,
Andrew M. Feldman
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SAY IT WITH SPECIFICITY (EXTENDING ENFORCEABILITY OF THE NON-COMPETE AGREEMENT)
It could be argued that one of the most valuable contractual tools available to a company in negotiating with executives or management personnel is an agreement not to compete with the company in the future. After all, how terrible a fall-out for a top executive or employee to leave with a wealth of knowledge, and possibly the company’s business or client information, only to set up shop right down the street doing the same thing as his/her prior company. This circumstance happens often in business, and when it happened to one Florida company, that company did what businesses in that situation often do – file suit seeking to enjoin (stop) the “improper” competition. However, as gleaned from the Court’s ruling discussed below, specificity in your contract can be key.
Business leases often prohibit a tenant from assigning the lease or subletting the premises without the landlord’s written consent. What happens, however, if the landlord behaves unreasonably in deciding whether to consent? To address this very concern, the careful tenant will often add language to the effect that “the landlord’s consent shall not be unreasonably withheld.” But what if the lease itself doesn’t include that language? That question has been confronted head on by one of Florida’s intermediate appellate courts. The following circumstances and decision in that case certainly shed light on the answer:
retirement plans for small businesses offer big benefits
Small business owners who do not offer retirement plans are missing out on an opportunity to reduce their taxes, prepare for their future, and help attract and retain employees.
Many may hesitate because they perceive retirement plans as being costly and difficult to administer. However, several plan options exist that can be affordable and easy to manage, including SEP-IRAs, SIMPLE-IRAs, profit-sharing plans and self-employed 401(k) plans.
In each case, plan contributions are tax deductible and earnings on contributions are tax deferred, although penalties apply if funds are withdrawn before age 59˝. Offering a retirement plan can help small businesses compete for employees with larger employers that offer retirement plans as an employee benefit.
Andrew M. Feldman was recently certified by the Florida Supreme Court as a Circuit and County Court Mediator. Click here to read Andrew's full biography.
We are proud to welcome Tahya (Ty) Fuenmayor as a senior associate practicing with us. Ty has been practicing since 1999 and is certainly a welcome addition. Click here to read Ty's full biography.
If you would like to be a guest writer featured on our E-Newsletter and website, please contact Andrew Feldman at AFeldman@AMFLegal.com for more information.
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Copyright, 2007 by Andrew M. Feldman, P.A. All Rights Reserved.
