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EPGD Law Blog

Month: July 2020
EPGD Law LLC
Business Law
Eric Gros-Dubois

How Does Asset Protection Work in an LLC?

A limited liability company offers limited liability asset protection. This type of asset protection means that the liability is limited to whatever assets the owner has invested in the LLC, essentially, only all business assets. These business assets can include, but are not limited to, initial, investment, or retained earnings.

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EPGD Law Civil Litigation
Civil Litigation
Oscar Gomez

What Happens to a Civil Lawsuit if a Party Dies?

If a party to a civil lawsuit passes away, the court will typically put the lawsuit on hold, instead of terminating it. This is done temporarily and with the purpose of giving the probate court time to appoint a personal representative for the estate of the deceased party. Through the personal representative, the heir or heirs of the deceased can continue the lawsuit.

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EPGD Law Cybersecurity
security
Silvino Diaz

What we can learn from the July 2020 Twitter hacks

On July 15, 2020, several political, corporate, and cultural leaders had their Twitter accounts hacked. Although still under investigation, it is believed that a group of young people, not sophisticated hackers, carried out the breach in an attempted Bitcoin scam. 

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EPGD Law Property Law
Business Litigation
Oscar Gomez

How to meet the direct physical loss requirement to obtain property insurance coverage in the age of COVID-19?

As the country enters yet another month of economic uncertainty with regards to the coronavirus pandemic, a great deal of business interruption cases have surfaced. Companies throughout the United States, including many in Miami, Florida, are seeking coverage for their immense losses throughout this pandemic, specifically claiming direct physical damage to substantiate their business income coverage claims.

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EPGD Law Employment Law
Employment Law
Eric Gros-Dubois

What can I do if my employee is not taking sufficient efforts to be re-tested after having Coronavirus?

Five months into the Coronavirus pandemic, it is unfortunately common for one of your employees to test positive for the virus. What do you do? You give them time to recover at home, ensure that they sufficiently isolate themselves, and then request 2 negative test results in accordance with CDC guidelines. Eventually, it will be time for your employee to return to the office—but what do you do if they refuse to be tested?

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EPGD Law Entertainment Law
Entertainment Law
Eric Gros-Dubois

Why is Lady Antebellum Suing Lady A?

Country group, Lady A, formerly known as Lady Antebellum, has filed suit against Seattle blues singer Anita White, also known as Lady A. The feud started when Lady Antebellum decided to change their stage name to Lady A, because of the term Antebellum and its ties to slavery periods.

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EPGD Law Franchise Law
Franchise Law
Eric Gros-Dubois

Enforcement of Arbitration Clauses in Franchise Agreements

Arbitration is a proceeding that takes place outside of the court room. It essentially allows both the franchisor and franchisee the ability to take their legal disputes to an arbitrator who will, after hearing all the facts and evidence presented by both sides, come to a decision that is binding and enforceable by the courts.

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EPGD Law Business Law
Business Law
Oscar Gomez

Can a Foreigner Own an S-Corporation?

A non-resident alien cannot own a S-corporation. Only U.S. citizens and permanent residents can. If a foreigner becomes a shareholder in an S-Corporation, it will lose its S-corporation status.

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EPGD Law Family Law
Family Law
Oscar Gomez

Common Law Marriage in Florida

The concept of common law marriage originated in English common law. It typically involves a cohabiting couple enjoying the same or nearly the same rights as a legally married couple. Today, only a minority of states recognize common law marriages in the United States. 

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EPGD Law Cybersecurity
security
Silvino Diaz

Cybersecurity Defensive Measures in the Age of Work from Home

Massive security breaches occur every day—not even the most prominent politicians and businessmen are immune. On July 15, Twitter discovered fake tweets coming from Barack Obama, Joe Biden, Mike Bloomberg, Jeff Bezos, Bill Gates, and Elon Musk’s accounts. Kanye West and Kim Kardashian West were also subject to the hack.

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EPGD Law Civil Litigation
Civil Litigation
Eric Gros-Dubois

Unilateral Attorney’s Fees in Florida

In most contracts, there is a provision for attorney’s fees, sometimes called a prevailing party clause. This provision states that if legal action must be taken to enforce the contract, the prevailing party will get its attorney’s fees and costs paid by the losing party. Under Florida law, attorney’s fees are contractual or statutory, meaning that this provision must be included in contracts or statutes to be enforced. Because of this, it is important to include an attorney’s fees clause in any contract in Florida.

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EPGD Law Civil Litigation
Civil Litigation
Eric Gros-Dubois

Increased Jurisdictional Amounts in Florida

On May 24, 2019, House Bill 337 was approved by Governor Ron DeSantis which would effectively amend Section 34.01 of the Florida Statutes, by increasing the jurisdictional amounts of our court actions.

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EPGD Law Privacy Law
Privacy Law
Silvino Diaz

How can I Report Fraud in Miami, Florida?

In light of the events that have occurred in 2020, fraud claims are on the rise. In Florida, there are several mechanisms to report fraud. The Department of Financial Services has a Fraud and Consumer Protection Initiative. If one believes he/she is a victim of fraud, or suspect that fraud is occurring, he/she can report the individual and/or entity in question.

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EPGD Law Tax Law
Tax Law
Eric Gros-Dubois

Corporate Change of Control with the IRS

A change in control is a change in the ownership structure of a company. Such change of ownership typically involves another entity or individual acquiring more than 50% of the company’s shares. When such a change in corporate structure occurs, the company must file an “Information Return for Acquisition of Control or Substantial Change in Capital Structure” Form 8806 with the Internal Revenue Service.

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EPGD Law COVID
COVID-19
Oscar Gomez

COVID-19 Update: Miami-Dade Executive Order Signed 07/06/2020

On Monday of this week, Miami-Dade County Mayor Carlos Gimenez released a statement along with a new emergency order. Due to the recent spike of positive COVID-19 tests and hospitalizations, this new order will close many public establishments to stop the increasing spread of the virus. These closures will be made effective this Wednesday, July 8th, 2020.

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EPGD Law Trusts and Estates
Trusts & Estates
Niuris Bezanilla

What is a Surcharge Action in Florida?

A surcharge action in Florida is a legal action that may be brought against a personal representative when there are allegations that the personal representative has breached his fiduciary duty in order to impose personal liability on a personal representative.

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EPGD Law Trusts and Estates
Trusts & Estates
Niuris Bezanilla

Beneficiary’s Rights in a Florida Trust

In the United States, the rights of trust beneficiaries are typically governed by state law. Florida has adopted the Uniform Trust Code (U.T.C.), which governs the administration of trusts in Florida as well as duties and rights of trustees and beneficiaries.

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