Author Archives: Jay Butchko
Florida Businesses & Breaches Of Fiduciary Duty
A fiduciary is a person who holds a legal or ethical duty of trust toward a person or entity. It is a foundation of business law, with fiduciary duty used as an effective deterrent to unethical conduct for many actors. However, many do breach their fiduciary duty, whether through accident or malice, and the… Read More »
How To Spot Account Churning In Securities Law
Most people who are trusted to handle securities have what is known as a fiduciary duty to those on whose behalf they are operating. However, it is sadly not uncommon for some financial professionals to try and enrich their profiles at the expense of their clients. One common way this is done is via… Read More »
Selling Your Small Business In Florida
Building a business from the ground up can be one of the proudest moments of a person’s life. However, circumstances change over time, and for many, there will be a time when selling the business is the best choice for them. If you are looking to sell your Florida business, enlisting a knowledgeable attorney… Read More »
Do Cryptocurrencies Qualify As Securities?
Within the last five years or so, more and more U.S. residents have been investing money in what are known as cryptocurrencies, such as Bitcoin and Ethereum. Up until 2022, the industry was able to proceed with a minimum of regulations, but in 2023, the U.S. government is fighting back. In order to properly… Read More »
Can An Emoji Count As Financial Advice?
The world of securities and financial trading is constantly evolving, with its boundaries continually being tested and changed. In a recent New York class action lawsuit, a federal judge has ruled that in certain situations where they can only “objectively mean one thing,” emojis, of all things, can qualify as financial discourse. This, in… Read More »
Which Type Of Business Entity Is Best For My Company?
When a person wishes to create a business, it can be tempting to simply set up shop and go from there. However, doing this means that you and your partners have no safety net of any kind. Before officially starting your company, it is crucial to have a written agreement setting out the type… Read More »
Defending Against SEC Enforcement Action
The Securities and Exchange Commission (SEC) is an agency with a very wide purview, overseeing all aspects of securities law from creation to sale. What many do not know is that the SEC also has law enforcement functions, and is able to initiate investigations into companies or individual investors suspected of securities violations. If… Read More »
What Are Digital Securities?
The average person tends to think of securities as highly complex financial instruments. However, several different day-to-day items have the potential to be classified as securities, including stamps, vouchers, and tokens, whether tangible or digital. Distinguishing which digital assets may qualify as securities is a crucial part of doing business in the online marketplace…. Read More »
Defining Securities For Beginners
For a person who is building their dream business, the financial aspects often come second to the more outgoing work like building a client list. It can be a shock to find oneself in the position of planning the financial future of your company as well as its day-to-day operations, but it is just… Read More »
FTC Proposes New Rule To Ban Non-Compete Agreements
On January 5, the Federal Trade Commission (FTC) proposed a new rule which would ban the use of non-compete agreements by United States employers. In its release, the FTC estimates that ending such a practice could increase wages by up to $300 million, and effectively free a percentage of U.S. workers from being caught… Read More »