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Widerman Malek Law Blog

Buying or Selling a Business: Asset Purchase vs. Stock Purchase

When buying a business, should you structure the transaction as a purchase of the assets of the business or as an acquisition of the stock of the selling corporation? Most transactions involving the sale of a business can be structured either as an asset purchase or a stock purchase. Asset Purchase An asset purchase is […]

Small Business Reorganization Act: What It Means for Businesses in Current Economy

Timing is everything as the saying goes. It is unlikely Congress had the foresight of COVID-19 to enact legislation on August 23, 2019, with an effective date of February 19, 2020, that would make it easier for a “small business” to reorganize under Chapter 11 of the Bankruptcy Code.1 The goal of the Small Business […]

Resolving Shareholder Disputes

Shareholder Disputes Unfortunately, shareholder disputes are a common part of business, but they don’t have to be debilitating to your enterprise. If you have a shareholder agreement in place, you’re already in a more positive position to resolve issues, but whether you do or not, you still may face the decision on whether to institute […]

Join Us for the Webinar “Pathways to Keeping Your Business Alive”

Please join us on July 30, 2020, for the webinar “Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive,” co-presented by Widerman Malek and Withum. There is no cost to attend this event. Event Details Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive July 30, 2020 | 1:00 PM EDT Join us […]

What Is a Holding Company and How Does It Work?

In essence, a holding company is formed to control something. Often that means it holds the control of assets that may be utilized by a subsidiary company of the holding company. The subsidiary operates the assets as part of its business and is referred to as the operating entity. The assets, which could include land, […]

What Businesses Need to Consider About COVID-19 Interruption Claims

As Florida continues to re-open, the effects on small business over the last few months are still being felt. While the mantras “eat local” and “spend local” are being advertised by many, and indeed will help, most businesses large and small need assistance now. Businesses, secondary to any funding provided by the U.S. government, are […]

Contracts, Force Majeure and COVID-19 Impacts: What You Need to Know

Every industry has been or will be affected by the consequences of the COVID-19 pandemic. Accordingly, as the world continues to grapple with the ongoing health and financial crisis, businesses are trying to determine and guard against the impacts. For example, there are ongoing contractual obligations to many parties and in a multitude of areas, […]

“Save Small Business” Initiative and Grant Fund from U.S. Chamber of Commerce Foundation

In response to the COVID-19 crisis, the U.S. Chamber of Commerce Foundation, a private sector 501(c)(3) organization and an affiliate of the U.S. Chamber of Commerce, has launched the “Save Small Business Initiative.” This initiative is a nationwide program focusing on small businesses’ immediate needs, efforts to mitigate closures and job losses, and mobilizing support […]

Finalizing Business Agreements – What Willie Taggart and Florida State Can Teach Us

As a Florida State University alumnus, a recent news topic caught my attention. According to reports, the FSU Seminoles former head football coach, Willie Taggart, was possibly fired without the execution of a formal contract. Allegedly, the only document memorializing the university’s hiring of Taggart was a nine-page letter of agreement. Of course, if that […]

What New Real Estate Investors Should Know About Wholesaling

Real estate investing should be part of every wealth-building strategy. In Florida, we’ve enjoyed a hot real estate market for several years after recovering from the historic crash and global recession of a decade ago. A popular investing strategy, especially for new investors, is called wholesale investing or “wholesaling.” I have represented investors who have […]

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