Mistakes to avoid with a Business Attorney

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When seeking to launch a new venture, there are many factors that a Florida entrepreneur has to bear in mind. New businesses have a high rate of failure, but adhering to certain tenets and principles is a method to avoid making mistakes that often arise. But first: Hire a business attorney

A commonsense approach is to examine errors that were made by entrepreneurs in the past. Having been able to secure financing is not the key factor in success or failure. Getting the financial backing too soon could lead to problems paying it back on time due to a halting income. Prior to taking the loan or seed money, it is smart to have a viable product to test the market.

Clinging too tightly to a business plan can be a negative. As the business evolves, there will be inevitable changes that need to be made. To mitigate against this, having a business model canvas can try out ideas and alter them as necessary. When it comes to hiring, it can be a time-consuming endeavor with training and managing as well as the financial aspect of having to pay employees. This is where the burn rate comes in, as having too many employees can drain the cash out of a new venture. However, hiring friends and family can have its problems as well, as there could be issues with competence and over-excitement on their part.

Business Attorney

An important key at the earliest stage of the process is to have the assistance of an attorney who is experienced in providing advice and counsel to start-up companies. Such an attorney can often, for example, describe the various federal, state and local laws and regulations that the new business will be required to comply with.

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Business Lawyer in Miami

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Are you thinking to hire a business lawyer in Miami?

There are different elements to take into consideration when starting up a business. Among them, there is a particularly relevant element  that is often disregarded, lost  among the making of the business plan, regulations, fund seeking and the determination of your business lawyer.

It is very important for any entrepreneur who is starting up a business, to gather the right people. Good people. Not necessarily employees or colleagues directly involved in the business, but people the owner can trust and be supported by. Specially at the beginning, in the initial stage.

At such a particular moment, a businessman needs a business lawyer to interchange ideas and get honest feedback. Trustworthy people who can provide their share of  “brutal honesty”, which is needed in order to make rational decisions at the right time. At the startup of a business, enthusiasm and vision are two natural drivers, however, every entrepreneur needs emotional support and encouragement, above all for those moments where everything seems to be an uphill climb.

When starting up a business  we  recommend  to have into account the three following steps:

  • Look for a mentor, someone who has followed a successful path.
  • Look for a confident, someone willing to be your emotional support during the process.
  • Look for a group of people that acts like “ a sounding board”. No successful company launches a product without testing it. The same applies to many business decisions!

Business Lawyer

Many entrepreneurs who plan to start up businesses can also benefit from working with an experienced business lawyer, who understands the problems of a startup and who can collaborate and provide his knowledge in aspects related to the structuring of the new company. A lawyer can also help by advising his client about legal matters as they arise, in accordance with the progress of the business. There may be moments when a business needs a change in the direction or is faced up with new regulatory elements in changing or unstable industries. Even if the moral support of friends and mentors is important at such moments, having an experienced lawyer can be an enormous advantage.

Mistakes to avoid with a Business Attorney

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Business Attorney in Miami

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Business Attorneys

Strategic Planning

As Florida companies start their strategic planning for the development of the next year businesses, it is important to point out the importance of an adequate approach, which substantially drives those businesses forward, thus avoiding finishing the following year with a slow, gradual or negative growth. There are several ways of facing this process efficiently. One of them is to hire a Business Attorney.

A common error to many businessmen is to think businesses on the short-term. And when a business is faced that way, the company is bound to face, in the best case scenario, a gradual growth. And this is due to the fact that when a business is operated without a long-term strategic vision, the growth is not focused towards a planned bigger scenario, but rather it is held subject to any kind of unforeseen event. Thus, a fundamental element to be taken into consideration by any businessman, is to work with the vision of “where you would like to see your company in three years”, and to make plans based on that.

Once this long-term vision is set, then it is easier to make a plan by segmenting the objectives into annual goals. The ideal situation is to set four or five strategic objectives on which the company can work during a year. This will allow the businessman to focus on the resources and on the fulfillment of goals. Once the business strategic objectives have been identified, it is of vital importance to determine the tactics to follow so as to attain the objectives.

Four key questions to ask yourself when developing a strategic planning:

  • Where do I want to be in three years?
  • Which market trends support my business approach?
  • Which are my objectives for the next year?
  • Which are the tactics for the attainment of those objectives?

Business Attorney

A detailed business planning can make a difference between a company’s success and a failure. And there are elements that cannot be ignored. One of them is the choice of legal entity under which the company will carry out its business. A business attorney will be able to point out the advantages and disadvantages of using a corporation or a limited liability company. Likewise, upon choosing a legal entity, the attorney shall prepare and submit the pertinent documentation with the aim of guaranteeing that the business is developed within the corresponding legal framework


Business Lawyer in Miami
Mistakes to avoid with a Business Attorney

Navigating customs, trade and import regulations in Florida

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Whether your company is a domestic or international one importing goods and products into the United States, you have to deal with the complexities of customs, import and trade regulations. Several U.S. federal agencies regulate the importation of products, including the FDA, EPA and FTC, and their requirements change every year with the passage of new regulations and amendments to old ones.

If your products are not in compliance with current regulations, they will not be allowed into the country. It is important to make certain that your company ensures your products and goods comply with the regulations in place. In the event U.S. Immigration and Customs Enforcement determines there is a violation, they will place a detention on the product which can greatly harm your bottom line.

In the event of a detention, your company may be able to submit documentation and testing results in order to remove the violation. Detention litigation may be needed in order to continue in your import business. Regulations control all aspects of the importation of goods, including how products are labeled, how goods or products are manufactured and the tariffs that are imposed. By careful planning, your business will be better equipped for successful completion of the customs process.

Customs attorney

Our attorneys are practiced in helping our domestic and foreign business clients navigate the complex requirements of the regulating agencies controlling the importation of goods. We help companies make certain they are in compliance and continue to remain in compliance even when the laws and regulations change. In the event of a detention, we understand what it takes to present evidence in order to get a favorable result. If your company would like additional information, you may review our customs, import and trade page.

Miami Corporate Lawyer.

Miami Corporate Lawyer

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Miami Corporate Lawyer

Most probably, Florida residents enjoyed in due time the  cinema classic “This is Spinal Tap”. The comedy was released in the cinema twice, it was broadcasted in TV in numerous occasions and  it had its correlation in VHS and DVD, numerous copies of which have been sold over time. There was also a plentiful production of merchandising related to the film as well as its  soundtrack, sold along the years. Despite the film’s popularity and success, Harry Shearer the  actor, also known for his contribution in numerous voices in The Simpsons, alleges having earned only $ 81 for merchandising revenues from ‘This is Spinal Tap ” in 22 years. Shearer, who played the bassist Derek Smalls, a character he developed in 1978 with Christopher Guest and Michael McKean, before the movie. He decided to sue for his contract when he learned how little he had earned in 2013. He hired a Miami corporate lawyer in Miami

Business Lawyer Miami

Shearer’s business lawyer filed a complaint for  $ 125 million against Vivendi and Studio Canal for the benefits he alleges those companies robbed him. He also asked the court to terminate the copyright that Vivendi has for the movie in 2019. According to Shearer’s claim, Vivendi has manipulated the Spinal Tap trademark in several manners. For example, Vivendi allows a brewing company to use the registered trademark “Spinal Tap” without any opposition while   Shearer was obliged to pay a license fee to appear as Derek Smalls. The actor, together with his Miami corporate lawyer, launched a web page named fairnessrocks.com, with a  video where he explains the reasons behind the claim.

Miami Corporate Lawyer. Commercial litigations and arbitration.

The legal process  for breach of contract claim can be very long and  costly for the parties involved. As a result, in many cases, the parties will try to settle their disputes through negotiations conducted by their respective lawyers. Should they fail to reach a successful solution, the parties can try arbitration as an alternative.

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Business Lawyer in Miami
Timeshare Lawyers for timeshare contract issues.

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Miami Business Lawyer

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Can we talk about a new concept in Miami business lawyer? The multiplicity of new business formats, transactions and the expansion of commercial operations driven by the new technologies, might lead us to think that a Miami business lawyer today may not regard legal reasonings in as deep a manner as required . However, our conclusions about this are the following.

In a strict sense, the business lawyer is the corporate one, the “deal doer”. Ii is the one who takes part in M&A operations, purchase and sell of companies, etc. From a broad point of view, those lawyers who work inside companies are considered “business lawyers” even though the circumstances of their practice has definitively changed a lot less than in the former cases.

During the last twenty years, technological changes (telephones, mobile computers, Internet) have enabled the exponential growth and the development of operations, and along with it , the development of  the business lawyer  activity as that of a specialist, with high capacity to solve simultaneous operations.

This type of intensive, demanding  professional practice, has encouraged the development of a type of lawyer with a mental  operation ability, a response capacity and a range of perspectives faced with economic facts, totally new and very different from the one of the traditional business lawyer of the 80’s. It is worth mentioning that in order to be successful in this professional field, in-depth business and economic knowledge is required, that makes a difference with lawyers of the past.

For this reason we consider the current business lawyer as a highly trained professional, specialized and versatile from the intellectual point of view. With capacity to quickly assimilate the fast changes that the global market requires.

And we really believe that the professional paradigm has changed, turning the current business lawyer into a professional with business and resolving qualities, able to accompany the growth of businesses as an additional partner.

International Business law attorneys

By | International Business Attorney, International Business law, International Business Litigation, International law firm, International Lawyers | No Comments

At Markowicz International Business Law, we specialize in advising clients in Miami, throughout the state of Florida and internationally on all types of business law issues. As the legal framework that guides commercial activities, international business law includes all of the rules and regulations that dictate how enterprises can be structured, managed and conducted.

Whether you are looking to start a new company or you already own a thriving business, our attorneys may be able to advise you in a number of different areas. We have experience working with our clients on business formation, business planning and business contracts. If you are looking to purchase or sell an existing business, we are also prepared to help you handle the legal paperwork for those endeavors.

We have independent attorneys positioned in prominent cities throughout Asia, Latin America and the United States. Using our combined knowledge and resources, we work together to help our clients navigate complex business transactions both internationally and domestically. One of our key practice areas is helping foreign companies to understand U.S. business law so that they can effectively and legally do operate in the U.S. market. We also work with U.S. companies to assure that they are in compliance with foreign and domestic legal requirements.

If you are a business owner who needs legal guidance while working out distribution agreements or agency agreements, we may be able to help you. We are also prepared to help settle any of the problems that can affect a global company such as customs detentions. Visit our page on business law to learn more about the legal services we offer.


Miami Business Lawyer

Business Issues with a Business Attorney

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International Business Litigation

By | International Business Attorney, International Business law, International Business Litigation, International law firm | No Comments

Business litigation attorneys are accustomed to dealing with complex commercial disputes. The types of disputes that can come about due to any business dealings can be endless.  Besides contract disputes, there can be disputes over licensing and intellectual property.  There can also be internal disputes between shareholders, officers or directors and employees that need to be ironed out.

A Miami health plan has made a request to an appellate court to prevent an agency from going ahead with a contract concerning Medicaid managed-care services.  A motion was filed in the 4th District Court of Appeal to block a contract involving another health care provider.

The two health care facilities, Care Access PSN and Prestige Health Choice, are competing for a contract pursuant to a 2011 law leading to beneficiaries of Medicaid enrolling in managed plans.  The two providers sought a contract in Monroe and Miami-Dade to engage as a provider service network.

Prestige was awarded the contract by the Agency for Health Care Administration and this is what triggered the lawsuit by Care Access.  One administrative judge already ruled that Prestige had not met the legal requirements to qualify for the contract.  However, this judge’s ruling was not binding.  As ACHA stood by its decision to award the contract to Prestige, Care Access then appealed this ruling.

Contract disputes such as this can often result in business plans being placed on hold.  In this instance the appeal will likely have to be resolved prior to any contract going forward.  It’s for this reason that contract disputes do need to be taken seriously by an attorney with International Business Litigation experience.



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Miami Business Lawyer

Business Issues with a Business Attorney

Business Plans

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Strategic analyses and business plans

Many Florida entrepreneurs who are preparing to start a new venture are aware of the importance of a well-prepared business plan. Often required by potential lenders and equity investors, such a document can also be important for internal purposes as well.

There is a variety of tools that can be used in the preparation of a business plan. One such method is referred to as a “PEST” analysis. The acronym stands for the political, economic, social and technological factors and issues that may be applicable to the new venture that could have a bearing on the company’s success. A look at legal issues, such as the need to comply with domestic or foreign laws and regulations, may be a part of this analysis as well. A more focused approach is referred to by another acronym. A “SWOT” analysis will examine the strengths and weaknesses of a new venture or product, the opportunities to exploit those strengths and any threats that may be present. Leveraging the strengths and opportunities may help ensure a greater chance of success.

While those two methods are often used in a document that is presented to potential investors, another form of analysis can be appropriate for internal purposes as well. This will require a look at the company itself and its systems as well as the skills of its management and staff. A periodic review might help in spotting internal problems before they arise.

Business plans are not static, and they often are a valuable part in the operations of a company. An attorney who has experience in business formation and planning might be of assistance in the preparation and review of such a document.

Business Planning in Florida

Business Planning in Florida

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The cons of long-term business planning in Florida

When creating a business plan, staying in the present may be better than trying to plan too far into the future. Today, there are a variety of tools and resources available that make it easier than ever for a competitor to completely disrupt an industry and make a long-term business plan obsolete. Instead of putting plans on a drawing board and allowing them to develop over time, the right strategy may be to develop products and services in real-time.

This can be done by working with clients to develop products and services that they need as they need them. In some cases, companies can start to make money from their ideas as soon as they first come to fruition. Implementing a plan quickly after it is made can allow businesses to start profiting from their ideas sooner.

Instead of talking about an idea, going to networking events and scribbling notes on a piece of paper, it is more important to take action before someone else acts on a similar idea. Modern technology allows business owners or anyone with an idea access to skilled workers around the globe who may be able to help create or get a product to market quickly. With social media and low-cost sales platforms, most people can assess their idea directly in the marketplace.

Talking to a business law attorney may be a good idea for those looking to start their own company. An attorney may be able to help with business formation issues such as how to split equity among partners and how and when to incorporate. Legal counsel may also be able to help a new company comply with regulatory requirements and other legal issues that may arise.