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]]>Customers, employees, stakeholders, and other companies can all bring a business liability lawsuit for cases involving personal injury, malpractice, breach of contract, environmental liability, and breach of fiduciary duty. Who sues generally depends on what happened and the legal claim involved.
Some of the most common types of business lawsuits include:
Plaintiffs in business liability lawsuits generally seek financial compensation for losses like medical expenses, lost wages, copyright infringement, property damage, and pain and suffering, as well as attorney’s fees and costs of litigation.
Nine out of ten businesses experience a lawsuit at some point in their lifespan, with the average liability suit costing over $50,000. While large enterprises often have the capital to weather business litigation, small and medium-sized businesses can face significant financial harm, including bankruptcy or business failure.
Best practices for safeguarding your business against potential lawsuits include:
A skilled business law or employment attorney can guide you on which steps your business should take to protect itself from potential liability lawsuits.
A liability lawsuit can literally cost a business everything it has. If your company is sued, it’s imperative to contact a business law attorney as soon as possible for legal advice. There is a limited amount of time to respond to a lawsuit.
The business law attorneys at Cobb Cole can help you minimize the risk of liability lawsuits against your business, tailoring practical solutions that meet its unique needs. Contact us today to learn more or schedule a consultation.
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]]>The post Ways You Can Reduce The Risk Of Liability Lawsuits Against Your Business appeared first on Cobb Cole.
]]>Customers, employees, stakeholders, and other companies can all bring a business liability lawsuit for cases involving personal injury, malpractice, breach of contract, environmental liability, and breach of fiduciary duty. Who sues generally depends on what happened and the legal claim involved.
Some of the most common types of business lawsuits include:
Plaintiffs in business liability lawsuits generally seek financial compensation for losses like medical expenses, lost wages, copyright infringement, property damage, and pain and suffering, as well as attorney’s fees and costs of litigation.
Nine out of ten businesses experience a lawsuit at some point in their lifespan, with the average liability suit costing over $50,000. While large enterprises often have the capital to weather business litigation, small and medium-sized businesses can face significant financial harm, including bankruptcy or business failure.
Best practices for safeguarding your business against potential lawsuits include:
A skilled business law or employment attorney can guide you on which steps your business should take to protect itself from potential liability lawsuits.
A liability lawsuit can literally cost a business everything it has. If your company is sued, it’s imperative to contact a business law attorney as soon as possible for legal advice. There is a limited amount of time to respond to a lawsuit.
The business law attorneys at Cobb Cole can help you minimize the risk of liability lawsuits against your business, tailoring practical solutions that meet its unique needs. Contact us today to learn more or schedule a consultation.
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]]>The post Mediation: How Cobb Cole’s Attorneys Help Negotiate Solutions appeared first on Cobb Cole.
]]>Cobb Cole’s Supreme Court-certified Circuit Civil Mediators excel in helping parties find common ground. Whether it’s a complex business disagreement or a real estate dispute, our attorneys facilitate constructive dialogue that steers parties toward mutually beneficial solutions that Litigation often fails to achieve.
Mediation is an informal process led by an impartial third party. Its emphasis on confidentiality sharply differs compared to public courtroom battles and ensures sensitive legal matters are discussed and resolved discreetly, protecting personal privacy and business reputations.
Mediation can also help preserve business and personal relationships, something that can be particularly crucial in disputes where ongoing interactions are expected. It fosters a collaborative environment and encourages parties to engage in constructive dialogue, an empathetic approach that often leads to solutions that satisfy all involved. Unlike the adversarial nature of Litigation, Mediation offers a resolution path that respects and can even strengthen the connections between parties.
Other advantages to Mediation include:
Our Firm currently has two Supreme Court Certified Mediators.
Our state-of-the-art facilities provide an ideal setting for small and large-party Mediations and include smart technology screens, reliable Wi-Fi, a break room with refreshments, and beautiful views of the Atlantic Ocean, Halifax River, and downtown Daytona Beach.
While Litigation is sometimes appropriate for complex or high-stakes cases, Mediation can help most parties achieve cost-effective, timely, and mutually satisfactory resolutions.
Contact us today to learn more about the Mediation process and how our Firm can help bring your legal matter to a satisfying conclusion.
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]]>The post Planning Ahead: Estate Planning Services with Cobb Cole appeared first on Cobb Cole.
]]>The Estate Planning team of attorneys at Cobb Cole provides strategic services tailored to individual financial situations, wishes, and objectives. We assist clients in safeguarding their assets, ensuring they’re managed and distributed properly in the event of death or incapacitation.
Starting the Estate Planning process can seem overwhelming. Our Firm makes creating a customized estate plan less intimidating, making sure you have a plan that eliminates conflict and confusion during what is often a stressful time.
Estate Planning is not only for the ultra-wealthy. Anyone who cares about managing their assets, ensuring their loved ones are taken care of, and having a say in their medical and financial affairs in case of incapacity can benefit from it. Proper Estate Planning can help you minimize taxes and avoid probate, giving you the peace of mind that comes with knowing your affairs are in order and your loved ones will be taken care of.
Depending on your assets and wishes, your estate plan could include documents such as a:
You might also want to include documentation that includes digital asset information, including passwords for email, social media platforms, banks, and various other online accounts.
Which documents do you need? At a minimum, everyone should have a will, as it sets out how assets should be distributed and who will be the guardians of any minor children. Trusts offer a higher level of control and flexibility, helping you manage your assets during your lifetime and distributing them after your death. They are particularly helpful for people with more complex financial situations, such as owning a business, having assets in multiple states, or wanting to provide for a family member with special needs.
If you own a business, effective estate planning can minimize disruption during transition periods, ensuring operational knowledge, client relationships, and key business strategies are maintained. It also provides a clear roadmap for whoever takes over the business, outlining a plan that aligns with your long-term goals, including tax implications, asset protection, and setting a fair valuation method in the event of a sale.
Estate planning for business owners is about creating a legacy, whether the company stays in the family or not. Without it, there could be internal conflicts and a potential decline in value. An estate planning attorney can guide you in:
Working with an attorney specializing in Estate Planning for business owners ensures your legacy is preserved and the business continues to thrive far into the future.
While numerous online services offer will preparation templates, most people can benefit from having an Estate Planning attorney create a personalized plan that addresses their unique circumstances. Customized estate plans consider a variety of factors, including:
By creating an estate plan tailored to your specific needs, you can be sure your assets go where you want them to go. You also eliminate future stress and anxiety for your loved ones.
Life situations change from year to year, as do Estate Planning laws and tax rules. Once your estate plan’s in place, you’ll want to review it every few years to ensure it still offers you and your beneficiaries the best protection.
Cobb Cole’s Estate Planning attorneys are committed to helping you safeguard your assets and secure your legacy. We take the time to understand your present circumstances and your vision for the future, creating a peace-of-mind solution that reflects your current needs, adapts to life’s changes, and preserves your wealth and intentions across generations.
Contact us online or call 386-255-8171 to learn more.
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]]>The post Representation for Your New Company or Startup appeared first on Cobb Cole.
]]>Cobb Cole’s business law attorneys advise and represent new companies and startups at all stages of the business life cycle, helping them navigate legal complexities and providing expert guidance from inception to succession planning. Our clients receive a personalized approach and creative, cost-effective solutions that minimize risk and maximize a new business’s potential.
Working with a business law attorney as you start a company is critical for many reasons, including staying compliant, making prudent financial decisions, and gaining wisdom on risk mitigation. You can benefit greatly from hiring an experienced startup lawyer long before you open for business. Here’s how.
Business startups typically need a variety of contracts, including founder and shareholder agreements, employment contracts, non-disclosure agreements, and supplier and vendor contracts. New business owners can run into trouble when drafting contracts on their own with many potential missteps, including without limitation overly general definitions, incorrect timelines, and unclear liability limitations. Any one of these errors can be expensive and expose an early-stage startup company to lawsuits.
A skilled business law attorney assists by drafting contracts that are tailored to your business needs…
Seasoned startup attorneys have expertise in various business types, allowing them to tailor their advice and services to your unique needs. From setting the business up with the best corporate structure to providing guidance on local, state, and federal regulation compliance, they are crucial in establishing a business foundation that supports growth, minimizes tax liabilities, and reduces the risk of future legal disputes.
An important aspect of any business attorney’s job is mitigating risk. They’re skilled at identifying potential problems before they arise and help entrepreneurs determine how to limit or reduce exposure. Four types of risk mitigation are:
Every new business venture comes with a certain degree of risk. A thorough business law attorney helps you identify how much risk you’re comfortable taking on and shares ways to avoid simple mistakes that could lead to legal problems.
The possibility of litigation from day one isn’t something most startups anticipate. However, things often go wrong before, during, and after launch (whether your fault or not). For instance, disputes over intellectual property rights, contractual misunderstandings with clients or suppliers, and even employment law compliance issues can arise unexpectedly, posing significant challenges to a budding business.
A skilled business attorney can help you to prevent many lawsuits from occurring, advising you on how to, among other things:
How much you need to invest in legal counsel for your startup depends on many factors, but hiring an outside business law firm is often more cost-effective, particularly in the early stages:
Of course, as your business grows, in-house counsel could become a necessity. However, in the early stages, working with a firm specializing in business law is often a more practical and financially viable option.
Your startup’s intellectual property, be it a patent, trademark, or copyright, is one of its most valuable assets and must be rigorously protected. Cobb Cole’s business law team assists in:
Protecting your business’s IP ensures a competitive edge, attracts investment, and can enhance company valuation. Given IP’s complexity and importance in today’s business landscape, the assistance you receive from a business law attorney ensures your innovative ideas and brand identity are secure.
Negotiation is an essential skill for business success. A skilled business attorney can be pivotal in ensuring fair terms, protecting your business’s interests, and fostering legally sound relationships. Some of the services they provide include:
By drafting fair and transparent agreements and contracts, a business law attorney helps you build and maintain positive long-term relationships that help you meet your goals.
The attorneys at Cobb Cole can represent a broad range of entrepreneurs in various industries, including real estate, healthcare, finance, technology, retail, and more. They specialize in companies just entering the market, helping them successfully navigate leases, employment contracts, securities offerings, SEC compliance, technology transactions, and financing, among other things.
Our legal services for new companies and startups go far beyond mere legal compliance and extend into strategic business development, helping you:
Our goal is two-fold: protecting your new business from legal pitfalls and contributing to its strategic positioning, operational stability, and overall attractiveness in the market. We want to be your trusted partner throughout your business journey. Contact us online or call 386-255-8171 to learn more or to schedule a consultation.
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]]>The post Navigating Construction Lien Claims and Defenses appeared first on Cobb Cole.
]]>Our construction law attorneys represent general contractors, tradespeople, design professionals, and project owners. Their thorough understanding of Florida construction law makes them well-equipped to help clients deal with lien claims and defenses and resolve issues before litigation becomes necessary. We assist in enforcing liens, filing liens, or navigating construction disputes—we’re here to guide you through the entire process.
Florida’s construction lien laws provide critical protection for contractors and suppliers. However, contractors or other parties looking to enforce their mechanics lien rights have many requirements to follow if the lien is to be successful.
Contractors file construction liens for various reasons, such as:
Project owners defending against a mechanics lien have a variety of legal defenses at their disposal, including:
Other defenses are failing to follow the correct legal process for enforcing the lien, failure to adhere to contract terms, and bankruptcy of the party filing the lien.
Construction lien laws in Florida can be complicated and confusing. We provide valuable guidance during mechanics lien disputes, protecting and defending your rights. Our team will explain the construction lien legal process in terms that are easy to understand and clarify everything you need to know about deadlines, mediation, arbitration, and court procedures.
Are you a contractor needing to file a lien? We handle all legal requirements and deadlines under Florida law and also:
Are you a project owner who’s been served with a construction lien claim? Our attorneys will:
In addition to construction lien claims and defenses, we handle services in various other areas, including contract negotiations, zoning matters, and brownfield development.
Contact Cobb Cole online or call 386-255-8171 to learn more.
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]]>The post Cobb Cole’s Commitment to Community appeared first on Cobb Cole.
]]>At Cobb Cole, we believe that being an integral part of the community is a responsibility every successful business should embrace. It’s a principle our law firm has exemplified for nearly a century. Our commitment goes beyond legal expertise. We know that giving back to those who have supported us all these decades strengthens the community and our team, fostering a sense of unity, generosity, and purpose.
From supporting memorial races to helping provide food to those in need, giving back is one of Cobb Cole’s favorite ways to help sustain the lives of our neighbors. Our entire legal team is dedicated to making a positive difference through community involvement!
Boosting a child’s well-being is one of the best ways to forge a strong foundation for our society’s future. In December, we were proud to pair with Geri Westfall Real Estate in her annual toy drive for foster children. One of Geri’s passion projects since 2012, the toy drive benefits children receiving assistance from the Community Partnership for Children in Volusia, Flagler, and Putnam counties.
As a 501(c)(3) non-profit agency, Community Partnership partners with local businesses, county governments, the faith-based community, volunteer mentors, and foster parents to address the ever-changing needs of the children they support.
Businesses and individuals make monetary contributions or donate new, unwrapped toys. They can also sponsor a group of children. This year, Westfall (a Community Partnership board member) and her team shopped for approximately 150 kids, all of whom have been removed from their homes and are living with someone other than their natural parents. For most of these children, living in a foster home, group home, or non-relative placement situation can be challenging, particularly during the holidays.
Whether giving traditional holiday toys or finding creative ways to satisfy each child’s dream, the three fulfilled wishes are often the only gifts the children receive for Christmas.
As someone who has enjoyed tremendous business success, Westfall works extremely hard each year to make this one day of the year special for all the children. While the drive provides gifts for all children up to age 17, Westfall is now used to getting the older children assigned to her, as other participants find them more challenging to buy for. But she admits that shopping for teens isn’t quite as “fun” as buying baby doll strollers and fire trucks for the young ones. And the presents for older kids tend to be more expensive, averaging $200 to $300 per child. However, she’s not complaining, as the joy is in seeing a child’s dream come true, no matter what their age.
When organizations engage in community service, they learn about empathy, teamwork, and the significant impact of their presence beyond the business world. By understanding the needs and challenges their clients and customers face, they foster a deeper connection and responsibility towards those they serve. While their engagement is focused on philanthropy, it’s also a powerful tool for organizational development.
Through various services to their communities, businesses, including law firms, can also discover innovative ways to solve problems inspired by the diverse experiences and perspectives they encounter. Their exposure to different community segments can enhance a firm’s adaptability and creativity, essential traits in the contemporary business landscape. Moreover, staff members who participate in these activities typically gain a sense of fulfillment and motivation, which boosts workplace morale and proficiency.
With its century-old tradition of community service, Cobb Cole has witnessed firsthand the transformative power of giving back. We hope, of course, that our involvement with local philanthropic organizations has enriched the communities we serve. But it has also fundamentally shaped our firm’s ethos and practices. As we look forward to another century of service, we remain committed to the ideals of generosity and responsibility. We wish everyone a wonderful holiday season filled with the joy and warmth of community spirit.
If you need advice or assistance with a legal matter, the skilled legal team at Cobb Cole can help. Contact us online or call 386-255-8171 to learn more.
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]]>The post Protect Your Intellectual Property With Cobb Cole’s Attorneys appeared first on Cobb Cole.
]]>Almost every productive business is built upon unique and creative ideas. These important pieces of information are critical keystones to the success of your business. You don’t need to be a rocket scientist or fine artist to need IP protection. For example, if you operate a restaurant or even a food truck, your menu should be protected by copyright, and your product names, logos, color schemes, and business names should be protected by trademark filings. Your valuable recipes can be covered as trade secrets and you can protect them further by having employees sign non-disclosure agreements that prevent them from sharing them with others. That is just one example of the importance of your information and how the Cobb Cole IP Team can work with you in protecting and growing your business.
In our information age, information and ideas are king. The race to the “Shark Tank” is a real thing. If another business gets a similar idea out of the gate first and files the proper Intellectual Property protections, your fledgling business could be in big trouble. Even if you already have an established operation, without IP protection, the new business could prevail over your endeavor. As a new operation, if you work with the Cobb Cole IP Team, you can set up the right coverage for your new business. As an existing business, now is the time to have a review to make sure you have the appropriate protections in place. If you are merging with another business, an IP and Contract Team are key to protecting your trade secrets and other creative ideas. You may be surprised by the protections available and how the things that seem like standard ideas to you may actually be unique inventions that can be patented. A fresh and skilled set of eyes reviewing your endeavor can really benefit your business interests.
The IP team at Cobb Cole has several qualified and experienced members. Notably, Heather Bond Vargas is one of only 122 Intellectual Property Attorneys certified by the Florida State Bar Board. This certification requires a proven record of experience and knowledge demonstrated through testing in patent, trademark, copyright, and trade secret law. Additionally, fellow lawyers must attest to their competence and professionalism for them to receive certification. The Team also works with the Business Law and Corporate Litigation Teams to enforce your property rights.
Cobb Cole lawyers are ready to help your new or existing business grow and prosper by using the protections of Intellectual Property Law. Your great ideas have helped build your business, now make sure they and your hard work are safeguarded by working with the Cobb Cole Team.
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]]>The post The Value of Diversity and Collaboration Within A Law Firm appeared first on Cobb Cole.
]]>You may be wondering why diversity matters in choosing a law firm. It is an important factor in quality legal services for a variety of reasons. You’ve heard the saying”more heads are better than one” because listening to different people is beneficial. Having a diverse team results in better decision-making and better problem-solving. And since legal work is mostly problem-solving, you can see why diversity is critical. Having a team with a wide variety of backgrounds brings diverse insights and helps develop innovations and creative solutions.
Kathleen Crotty is an Accountant, Attorney, and Local Business Leader. In addition to her Juris Doctor (JD), she has a Master of Business Administration (MBA) degree and is a Certified Public Accountant (CPA). She worked as a Senior Accountant with the prestigious firm Price Waterhouse. This allows her to effectively represent her Estate Planning clients and share this experience collaboratively with her fellow Cobb Cole Business Lawyers. This is an invaluable knowledge base for the Law Firm. Ms. Crotty served as the chairperson of the United Way Foundation, the Halifax Humane Society Leadership Team, and worked with an art museum and university to name a few of her interests and services.
James Peter Love is a NASA Fellow, and a Business and Intellectual Property Lawyer. Before law school, he obtained a Bachelor of Science, Biochemistry degree (magna cum laude). He was then selected for a NASA Fellowship where he researched inorganic chemistry and magnetic refrigeration technology. He was also a student-athlete competing on the men’s soccer team. This diverse experience helps him represent his Corporate and Business Law clients and Intellectual Property Clients. It also helps him share this knowledge with his fellow attorneys in the Cobb Cole Law Firm. Whether there is a question about NASA or Biochemistry, he can add value to the Firm’s team and clients.
Native Floridian, Jessica Gow, is an environmental advocate. During law school, she worked with a variety of environmental causes including the Save the Manatees Club, and the Surfrider Club. This experience allows her to ably assist her clients in Environmental Law and Land Use and Zoning Law. She serves on the executive board of the Volusia County Association for Responsible Development. She supports Homes Bring Hope, an organization devoted to eliminating homelessness in Volusia County. In addition, she loves hiking with her husband and two dogs. Her diverse background enhances the Cobb Cole Firm and the services they provide.
A key attribute of an effective Law Firm is collaboration and working together. Cobb Cole’s team approach embraces this hallmark of a productive Firm. Not only do their Lawyers work together in teams but they also seek advice and assistance from the other Cobb Cole teams to get the best information and outcome for their clients. You will benefit from this approach.
The Cobb Cole team is ready to help you with your legal needs. They have served the community for almost 100 years and will help you resolve your legal issues today.
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]]>The post Paternity Action Issues? Our Family Law Attorneys Can Help appeared first on Cobb Cole.
]]>A fairly straightforward situation occurs if you are unmarried but the child’s father and want to establish paternity. In this case, you and the child’s mother can fill out an Acknowledgment of Paternity form in front of two witnesses or a notary public. However, there are understandably many more complex paternity issues. For example, you may be trying to show that your ex-partner is the father and want him to responsibly pay child support. The Cobb Cole Family Law team knows how to ably represent you, understanding these cases are very serious and need to be handled properly. Often the stakes are high as they can determine whether you can see your child and be a part of your child’s life, whether you will be paying or receiving child support for the next 18 years, and/or how you will share time with your child and their other parent. Our attorneys will try to resolve paternity issues through Mediation which is less confrontational and helps protect relationships even throughout the stressful legal processes.
Establishing paternity means obtaining a legally binding declaration that you are a child’s father, the child’s legal parent. There are several ways to establish paternity both in court and outside court and the Cobb Cole Family Law team can help you choose the correct method to protect your rights to share time with your child. It is important to have these rights legally established. You may have an informal agreement with your ex-partner which can be fine until there is a dispute. It is better to do it correctly from the beginning. Until you have officially established paternity you have no legally enforceable rights, and there are a lot of details that can be missed with informal agreements.
This summer a new law signed by Governor DeSantis acknowledged the rights of “unwed fathers.” Previously the natural guardianship defaulted to the mother when a child was born to unmarried parents. With this Florida statute now both the mother “and the father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents.” This gives fathers parental rights and responsibilities to the child outside of paternity proceedings. However, when parents can’t agree on items like time sharing or child support, judicial intervention is still necessary.
Cobb Cole has an experienced attorney, Sara Glover who practices solely in the area of Family Law. Ms. Glover represents her clients in all areas of Family Law and in 2016 she was voted “Top Lawyer in Family Law” for Volusia and Flagler Counties by the Daytona Beach News Journal. She has also been recognized as a “Rising Star” by Super Lawyers. She works collaboratively with the other Cobb Cole lawyers to protect her client’s best interests.
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