EPGD Law Blog



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Non-Compete Agreements and Restrictive Covenants

Florida is known as the most employer friendly state in the country when it comes to Non- Compete Agreements. Florida restrictive-covenant statute, Fla. Stat. 542.335, favors an employer enforcing a non-compete agreement over a former employee. The statute has a rebuttable presumption that a violation of an enforceable restrictive covenant creates irreparable injury. This statute…   + Read More…

Tax Law Changes Affecting Partnerships and LLCs starting January 1, 2018

The 2015 Bipartisan Budget Act (the “BBA”), which was signed into law on November 2, 2015, modified certain audit and tax election rules for entities taxed as partnerships (including most LLCs). The IRS has now issued proposed regulations that will take effect on January 1, 2018, which will have implications that necessitate review and action….   + Read More…

Non-Compete Agreements and Independent Contractors

According to FL Statute 542.335(1)(d)(1), non-compete agreements are enforceable against an independent contractor just like an employee. However, the agreement signed may not be legally enforceable for other reasons. Non compete agreements must serve to protect an employer’s “legitimate business interest.”Florida law sets out a non-exclusive list which includes: trade secrets, confidential business or professional…   + Read More…

How to Appeal Property’s Market or Assessed Value with Value Adjustment Board (VAB)

Every year, property owners receive a Notice of Proposed Property Taxes from the Miami-Dade Property Appraiser, listing the total of Ad Valorem and non-Ad Valorem property taxes to be paid. These property taxes are based on the assessed value of the property, as determined by the Property Appraiser every January 1st. Sometimes, however, the value…   + Read More…

What is residential constructive eviction in Florida?

A tenant may terminate their lease with a landlord in the event of a constructive eviction. Constructive eviction is defined as any disturbance to the tenant by the landlord that: (1) renders the premises unfit for the purpose for which they were leased; or (2) deprives the tenant of the beneficial enjoyment of the premises….   + Read More…

Obtaining a Florida Real Estate Sales Associate License as an Attorney

This blog, we’ve decided to share with you the steps an attorney must take to get a Florida real estate sales associate license. Let’s begin! First, you must successfully complete a Florida Real Estate Commission-approved pre-licensing course for sales associates, which consist of 63 classroom hours (online and in-class classes are available), as well as…   + Read More…

Looking Into Trust Fund Recovery

  The initial question at hand; What is the Trust Fund Recovery Penalty? Every single employer is required to pay a trust fund tax to the government. A trust fund tax is an employer’s added responsibility to withhold money from an employee’s wages or salary—such as income taxes, social security, and Medicare taxes—and hold it…   + Read More…

Is Franchising right for you?

Let’s begin with the basics. To understand what we’ll be talking about in this blog post, you must first know what defines a Franchise. Franchise.org defines Franchise as a “method for expanding a business and distributing goods and services through a licensing relationship”. These relationships are defined by the franchisor (the entity or person granting…   + Read More…

Check out this treaty that protects your trademark further!

The Madrid Protocol treaty permits holders of U.S. trademark to extend their trademark rights globally into over 80 countries by filing requests through the U.S. Patent and Trademark Office. However, this treaty does not create a global trademark that can be used in every single country in the world. How does this work? When a…   + Read More…

Help! I'm liable for trademark infringement!

Although corporate officials often underestimate the degree of liability that could befall them when performing corporate duties and responsibilities, there are certain situations where an officer can be personally liable for actions that cause the corporation to infringe the property rights of other parties.  A corporate officer acting within official capacity is generally shielded from…   + Read More…

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