Perry Law Firm Business Startup, Finance and Governance

Changes coming to the Fair Debt Collection Practices Act: Banks better be ready.

The Fair Debt Collection Practices Act (“FDCPA”) fines debt collectors for using false or misleading representations, including harassment or abuse among other things, in the collection of consumer debts, not business loans.  However, the FDCPA specifically defines debt collector to mean “any person who . . .  regularly collects or attempts to collect, directly or indirectly, debts owed […]

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Loss-Share Agreements Coming Up

One of the FDIC’s pillars are loss-share agreements. Suppose Bank A fails. And, suppose Bank B wishes to acquire Bank A but is hesitant due to the uncertain exposure it could have. The FDIC assists by covering a portion of those losses. Bank B gains because it has reduced its risk. The FDIC gains because […]

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InterGrowth 2013

Educational and networking event for private equity firms, corporate development, intermediaries, law firms, accounting firms, lenders and more revolving around corporate growth.  All events take place in Orlando, Florida from Monday April 22, 2013 to Thursday April 25, 2013.  More information can be found on InterGrowth’s webpage – http://intergrowth.org/.

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Work Emails and Expectations of Privacy

Most employers have a policy that emails sent from work computers are considered private, or, more likely subject to monitoring/inspection by the employer.  But, what happens when employees have been using work computers and then the company implements a policy where emails are subject to monitoring?  At least one court has held that the employee […]

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Identity Theft for Businesses on the Rise

The Florida Bar News (Volume 40, Number 2) recently wrote that the number of businesses victimized by identity theft is on the uptick.  Some groups particularly at risk are small or dormant businesses.  Coupled with the fact that roughly 60% of those victimized businesses closed their doors within 1 year means this is a serious […]

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Mergers and Acquisitions and Liabitlies

A good primer on the pitfalls of director liability and mergers & acquistions – http://www.lexology.com/library/detail.aspx?g=370d259d-846d-4985-ae2a-7ee0ffcf85a6&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-12-06&utm_term=.

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Partnership Agreements and Access to Information

Under Idaho Statute § 53-3-103(2) a partnership agreement may not unreasonably restrict the right of access to books and records. Limiting access to during normal business hours or charging a fee to cover the costs of labor and material will most likely not be found unreasonable. Furthermore, a partnership agreement may not unreasonably restrict the […]

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Partnership Agreements and the Duty of Loyalty

Under Florida Statute § 620.1110(2)(e) a partnership agreement may not eliminate the duty of loyalty of a general partner. But, the agreement may identify specific activities or types of activities that do not violate the duty (if not patently unreasonable). Furthermore, the agreement may identify the specifications (i.e. number, percentage, class or other type of […]

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Limited Liability Operating Agreements

All members of a limited liability company (“LLC”) may enter into an operating agreement, which need not be in writing. The operating agreement may serve to regulate the affairs of the LLC, establish duties in addition to statutory ones, and govern relations between the parties. This operating agreement may be entered into before, after, or […]

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