Guest post by Bonita Springs Trust and Probate Litigation Attorney Richard Mancini:

As Clarence famously said in “It’s A Wonderful Life”:

Strange, isn’t it? Each man’s life touches so many other lives. When he isn’t around he leaves an awful hole, doesn’t he?”

Many plan for the time when their time on earth is over and plan to distribute their wealth to family and friends. Unfortunately, sometimes the plans aren’t clear or the plans forget an important aspect, which leads to fights and litigation after their passing. As we reflect back on 2016 and look to the future, it is critical to have a complete estate plan, but not just any plan.


Continue Reading Reflecting on Trust and Probate Law with Richard Mancini

Have you ever received a letter from a shareholder in your business demanding an inspection of the books and records of the company? If you never have, count yourself lucky.

Florida Law

That’s because Florida law provides a right for any shareholder to inspect the books and records of a company. Florida Statutes section 607.1602 gives a shareholder the right to inspect various categories of company books and records. The key to evaluating a request is to determine what is being requested. Florida law defines corporate records; not everything for which a shareholder demands an inspection must be provided.


Continue Reading “I demand an inspection of the books and records of the company!”

Experienced business leaders know how difficult and expensive it is to hire, train and retain good employees. It can take years of “on the job” training for an employee at any level to become master of their trade. Businesses invest thousands of hours and dollars in honing those skills and often do nothing to protect their most valuable asset, their people. You must take steps to protect your business up front; otherwise, former employees and contractors may be free to solicit your employees and customers or claim ownership or co-ownership in your intellectual property.

In over 30 years, I have received many calls from anxious clients regarding former employees. Do any of these statements sound familiar:

  • “What can I do, my office manager just took a job with another company and he/she is calling on all of my best employees/customers to jump ship?”
  • “What can I do, I assigned one of my employees to create a new marketing plan [product], he/she left and is claiming ownership.”
  • “What can I do? I hired a company to do [blank] for me, and now they’re using that same concept for my competitors.”

The Good News


Continue Reading Protect the Business You Built: Company-Wide Confidentiality and Non-Solicitation Agreements