Articles Posted in Breach of Contract

To establish a joint venture in Florida, the written contract must contain the following five elements: (1) a community of interest in the performance of a common purpose, (2) joint control or right of control, (3) a joint proprietary interest in the subject matter, (4) a right to share in the profits and (5) a duty to share in any losses which may be sustained.  Absence of one element precludes the finding of a joint venture.

A party asserting that an unwritten, implied contract is the basis of a joint venture faces a heavy and difficult burden, as it must allege and prove that the implied contract contains the same five elements required of a joint venture based on a written contract.

If these five elements exist, joint venturers owe each other a duty of loyalty, breach of which gives rise to a claim for breach of fiduciary duty.

Joshua A. Yudell, Oxford Advisors, Inc., Oxford Capital Advisors, LLC. – Boca Raton, Florida Investment Fraud and Breach of Contract Agreement Litigation and Arbitration Attorney

Securities and Exchange Commission v. Joshua A. Yudell and OCFB LLC, et al., Civil Action No. 1:15-cv-4548 (S.D.N.Y. June 11, 2015)

SEC Charges Individual with Operating an Unregistered Brokerage Business

South Florida, including Boca Raton, Fort Lauderdale, West Palm Beach and Delray Beach Business and Construction Litigation and Arbitration Attorney:

The Law Office of Russell L. Forkey, P.A. handles all types of contract disputes including business and construction disputes. Business disputes include such things as breach of non-compete agreements, shareholder derivative actions, breach of employment agreements and breach of shareholder agreements. Construction disputes include disagreements between real estate developers, homeowners, general contractors and subcontractors. Construction law can be very complex and we understand those complexities. We offer our knowledge and experience and if needed, the assistance of experts to achieve the best decisions possible.

When a business or individual fails to live up to the terms of a written or an oral agreement, legal action might be necessary. Many times the issues involved are complex. It is in your best interest to choose an experienced business dispute attorney. It will be beneficial to you to find a business dispute attorney that has an established reputation and is recognized for integrity. We have been providing such services in the South Florida area for over 35 years. Our years of experience and dedication have allowed our business dispute attorneys to achieve tremendous success in the resolution of business disputes.

Boca Raton, Fort Lauderdate, and West Palm Beach, Florida Preferred and Common Stock Corporate and Business Attorney:

FAQ’s Preferred Stocks:

When a corporation is created, the incorporators are required to issue common stock as holders of the common stock own the company and by executing their voting rights control the company through their election of officers and directors.

Securities, Including Stocks and Bonds Custodian Fraud, Mismanagement and Misrepresentation FINRA Arbitration and Litigation Attorney:

Securities and Exchange Commission v. Julian R. Brown and Alliance Investment Management Limited, Civil Action No. 14-CV-6130 (N.D. Ill., filed August 8, 2014)

SEC Charges Bahamas-Based Brokerage Firm and President with Facilitating Fraudulent Scheme by Hedge Fund Manager

FAQ’s that should be asked to your insurance agent, account executive or company prior to considering the purchase, exchange or sale of a deferred annuity. 

There are a series of basic questions that you should ask your agent or company when considering deferred annuities.  This list is not designed to be complete in all material respects.  It is being provided as a general guide.  Thus, it should not be relied upon as legal or investment advice.

  • Is this a single premium or multiple premium contract?

South Florida, including Boca Raton, Deerfield Beach, Coral Springs, Delray Beach and Boynton Beach Investment Fund Manager Fraud and Ponzi Scheme FINRA Arbitration and Litigation Attorney:

 Securities and Exchange Commission v. Neal V. Goyal, et al., Civil Action No. 1:14-cv-03900 (N.D. Illinois)

SEC Charges Chicago-Based Investment Fund Manager with Stealing Investor Money and Conducting Ponzi Scheme

Boca Raton, Delray Beach, Lantana, Lake Worth, West Palm Beach and Jupiter, Palm City and Stuart Florida Senior, Elder and Retirement Financial Abuse and Probate FINRA Arbitration and Litigation Attorney:

FAQs – Annuity:

An annuity is a contract in which an insurance company makes a series of income payments at regular intervals in return for a premium or premiums you have paid. Annuities are most often bought for future retirement income. Only an annuity can pay an income stream that can be guaranteed to last as long as you live.

Fort Lauderdale, Boca Raton, Deefrield Beach and Pompano Beach, Florida Oil and Gas Fraud and Misrepresentation FINRA Arbitration and Litigation Attorney:

Securities and Exchange Commission v. Guardian Oil & Gas, Inc., Guardian Oil and Natural Gas, Inc., and Rick D. Mullins, Civil Action No. 3:14-cv-01533-L (N.D. Tx.)

SEC Charges Texas Resident and His Companies for Selling Fraudulent Oil and Gas Investments

Boca Raton, Delray Beach and Lake Worth, Florida Debenture Fraud and Misrepresentation FINRA Arbitration and Litigation Attorney:

Securities and Exchange Commission v. Charles Vista, LLC, Civil Action No. 14-cv-2643 (E.D.N.Y. Filed April 28, 2014)

SEC Files Action Against Broker-Dealer to Enforce Compliance with Order to Pay Civil Penalty

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