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Andrea Wheeler
Wheeler Legal PLLC helps business owners protect their assetsBadges
Claimed Lawyer ProfileQ&AResponsive Law
Summary
Before Andrea started her own law firm, she worked for in house legal departments and for a boutique law firm focusing on commercial litigation where she handled a variety of business disputes.
Andrea's litigation experience taught her what agreements need to contain to stand up to a legal challenge and ways to protect her clients' rights. Her business background has been essential in applying legal advice to business matters.
As a small business owner herself, Andrea is passionate about helping others grow their businesses while reducing risk and mitigating potential legal issues. Andrea formed her own firm to be able to provide personalized service to her clients.
Practice Areas
- Business Law
- Intellectual Property
Fees
- Free Consultation
15 minute information call - Credit Cards Accepted
Jurisdictions Admitted to Practice
- Florida
Professional Experience
- Business Attorney
- Wheeler Legal PLLC
- Current
- Wheeler Legal PLLC assists entrepreneurs and business owners by providing access to legal services at a reasonable cost
Education
- Stetson University College of Law
- J.D. (2007)
- -
Professional Associations
- American Bar Association- Business Law Section
- Member
- Current
- Space Coast SCORE
- Education Chair
- - Current
- Brevard County Bar Association
- Member
- - Current
- The Florida Bar # 0041071
- Member
- - Current
Publications
Articles & Publications
Legal Answers
14 Questions Answered
- Q. As per Florida Sunbiz website I am planning to start Single member LLC in Florida. (Question & background info. below)
- A: You will not have an active LLC until the date of filing so you cannot hold yourself out as conducting business under that name until it is active. You will be a sole proprietor until you have an active LLC. I recommend speaking to a business attorney because there is a lot more to starting your business off on the right foot than just filing on Sunbiz and you don’t want to open yourself up to liability.
- Q. Do I own the copyright on content I post on social media?
- A: Copyright protects original works of authorship including "literary, dramatic, musical, artistic, and certain other intellectual works." Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. However, agreeing to the terms and conditions on most social networks could mean signing away these rights. It is important to read the terms and conditions before posting your content.
- Q. I am purchasing a tax/accounting business near Sarasota, Florida. I need an attorney for advice.
- A: You will need a business lawyer. Look for one that concentrates in business law so that they will have experience with purchases.
- Q. What is a reasonable length of time for a no.n compete contract in Florida for a sales position
- A: It depends. There are other factors that need to be considered but the statutes presume a reasonable time is 6 months or less. Generally, more than 2 years is considered unreasonable. For provisions between 6 months and 2 years, there is no presumption as to reasonableness and other factors would be considered.
- Q. Is a non compete valid if the company doesnt list any specific competitors or geographic boundary on said agreement?
- A: A non compete does not need to list specific competitors. As far as geographic boundaries, the entire agreement would have to be reviewed in order to give an answer. There are also other factors, such as duration, that would need to be reviewed in order to determine the validity of the agreement. It is a good idea to have a business attorney review your agreement so that there are not any surprises later.
- Q. My business partner wants to retire and shut down our business.
- A: There are a lot of fact specific issues that just be known before answering this question. What type of business entity do you have? Depending on the type of entity, do you have an operating agreement or buy sell agreement in place that specifies the steps needed to be taken for this type of transition? What terms are not agreeable to your partner? You really need to speak with a business attorney to give more facts so that you can get advice for your particular situation.
- Q. How do I know whether to operate my business as a sole proprietorship, partnership, corporation, or LLC?
- A: The type of business entity you choose will be specific to your facts and goals. You should speak to a business attorney to find out which type of entity is right for you.
- Q. Is it wise for the CEO of a company to also be on the board of directors?
- A: You can draft the bylaws to provide for both CEO and president to be separate offices in the corporation, but a single individual acting in both capacities. Whether this is a wise decision or not depends on your particular circumstances.
- Q. Can I hire an employee before officially registering my business?
- A: You can but it would not be recommended. You should form a business entity first so that you have personal liability protection.
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