We Speak: French, German, Hebrew, Italian, Portuguese, Russian, Spanish

EPGD Law Blog

Month: September 2020
EPGD Law Litigation
Litigation
Oscar Gomez

What is the New Eleventh Circuit Ruling On Incentive Awards?

An incentive award is a monetary award typically given by the court to the named plaintiff in a class-action case. This is done to compensate the named plaintiff for all of his or her personal time and effort devoted to the case. The public policy behind incentive awards has always been to encourage individuals to take on the role of the named plaintiff in a case, to work closely with the class’s attorneys and other members of the class.

Read More »
EPGD Law Estate Planning
Estate Planning
Niuris Bezanilla

Why The Need to Plan?

Estate planning attorneys often times run into situations where clients undermine the importance of having an estate plan. After the Tax Cuts and Jobs Acts (“TCJA”) was passed, the estate tax exemption nearly doubled to $11.18 million for single individuals and $22.36 million for those that are married. Due to the immense increase in the exemption, the market for secession planning has encountered a short decline. However, planning is necessary so that your best interests are adhered to in the event you’re unable to adhere to them yourself.

Read More »
EPGD Law Copyright
copyright
Silvino Diaz

What is Copyright Cancellation?

Copyright cancellation is when the Copyright Office eliminates a copyright as the registration was invalid. There’s a number of reasons why the Copyright Office would find grounds for cancelling a registration. For example, the Copyright Office will cancel a completed registration in cases where no registration should have been made because the work does not constitute copyrightable subject matter or fails to satisfy the requirements for obtaining copyright.

Read More »
EPGD Law Trust and Estate
Trusts & Estates
Niuris Bezanilla

Do Non-Married Partners Have Inheritance Rights In Florida?

Long-term relationships and domestic partnerships are becoming more common in today’s society, which brings with it a host of legal issues, especially when it comes to estate planning and death. Unlike in a traditional marital relationship, when one of the partners becomes deceased, there are no marriage laws to protect the surviving partner when claiming the assets of their now deceased partner’s estate.

Read More »
EPGD Law Litigation
Litigation
Oscar Gomez

What is the Florida Construction Defect Statute (FCDS)?

Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process. 

Read More »
EPGD Law Copyright
copyright
Silvino Diaz

Can Fictional Characters Obtain Copyright Protection?

Yes, fictional characters have copyright protection. In copyright law, copyrights are awarded to literary and artistic works that are: (1) original works of authorship and are (2) fixed in a tangible medium of expression. Therefore, in order for a literary or artistic work to be eligible for copyright protection, it needs to be a product of the imagination of its author(s), rather than a copy of someone else’s work.

Read More »
EPGD Law Trusts and Estates
Trusts & Estates
Niuris Bezanilla

Batalla del conservador de la princesa pop

Desde que se convirtió en un icono del pop adolescente a principios de la década del 2000, Britney Spears no ha sido ajena a la controversia y a los titulares de las revistas. Después de un colapso público en 2007, con la cabeza afeitada y atacando a los paparazzi, Britney comenzó una serie de estancias en centros de rehabilitación. Mientras Britney se centraba en su salud mental, su padre, Jamie Spears, fue nombrado por un tribunal para que examinara a Britney y sus finanzas, también conocido como tutela. Desde entonces, Britney ha mantenido un perfil bastante bajo. Sin embargo, recientes publicaciones en medios sociales y una serie de peticiones judiciales han vuelto a poner a Britney en los titulares. Específicamente, Britney ha solicitado a la corte que retire su tutela y los fans están llamando a “#freebritney” para que deje de estar bajo el control de su padre.

Read More »
EPGD Law Contract
Contract
Eric Gros-Dubois

What is the Florida Construction Defect Statute (FCDS)?

Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process. 

Read More »
EPGD Law Trusts and Estates
Trusts & Estates
Niuris Bezanilla

Pop Princess Conservator Battle

From the time she became a teenage pop icon in the early 2000s, Britney Spears has been no stranger to controversy and magazine headlines. After a very public breakdown in 2007, complete with head shaving and attacking the paparazzi, Britney began a series of stints in rehab facilities. While Britney was focusing on her mental health, her father, Jamie Spears, was appointed by a court to look over Britney and her finances, also known as a conservatorship. Since then Britney has maintained a fairly low profile. However, recent social media posts and a series of court petitions have put Britney back in the headlines. Specifically, Britney has petitioned the court to remove her conservatorship and fans are calling to “#freebritney” from the control of her father.

Read More »
EPGD Business Law Litigation
Litigation
Silvino Diaz

What is Suspension and Debarment Under the Federal Acquisition Regulation?

The Federal Acquisition Regulation (FAR) is the statute that prescribes the policies and procedures governing the debarment and suspension of contractors by federal government agencies. It provides that all federal contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action. 

Read More »
EPGD Law Government
Government
Silvino Diaz

What is the Federal Acquisition Regulation?

The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. It became effective in 1984 to govern the policies and procedures for contracts to sell goods or provide services to the federal government. It was created with the intention of having a comprehensive set of rules for agencies across the executive branch, but over time agencies have created supplements to the FAR, adding their own specifications.

Read More »
EPGD Law Business Law
Business Law
Silvino Diaz

How Does Florida Regulate Payday Loans?

In Florida, there are various laws which prescribe limitations on payday loans. First and foremost, any company wishing to issue payday loans must be licensed. Notably, the additional restrictions under Florida law include limitations on the number of loans you can have outstanding per customer, the amount of the loan, the fees and costs that can be charged, and the collections process if a customer does not pay their loan back.

Read More »
EPGD Law Litigation
Litigation
Silvino Diaz

Can I Join a Third Party Post-Judgment in Florida?

Once you’ve won your lawsuit and have a judgment against the defendant, you still have to go through the post-judgment process to collect on your award. Simply put, this entails a review of the defendant’s financials and assets to determine how the judgment will be paid. Some defendants try to avoid collection by transferring assets to another third party. How can this be remedied?

Read More »
EPGD Law LLC
Business Law
Oscar Gomez

How Do I Relocate My LLC to Another State?

The formal transfer of an LLC from one state to another is known as domestication. However, domestication is permitted only if both states allow for it. Domestication would be appropriate if you do no longer wish to conduct business in the original state of formation and would like to avoid dissolution and new company formation in the other jurisdiction. Many business owners choose to domesticate when they completely relocate to another state and wish to move their company with them.

Read More »
EPGD Business Law
Business Law
Eric Gros-Dubois

What are issues that might arise for a Florida Entrepreneur?

After a long thought process and extensive research, you have finally decided to put on your entrepreneurial hat and create your own side business. But in the scheme of all this excitement, you forgot to inquire about all the legal implications involved in creating a side business. In Florida, employees must often abide by several federal and state laws and regulations that can include restrictions about conflict of interests such as creating your own side business.

Read More »
EPGD Law Trusts and Estates
Trusts & Estates
Niuris Bezanilla

What is a Letter of Testamentary? Florida vs. New York

Upon a person’s passing, their estate is to be divided appropriately. When the late person has a valid will, the personal representative or executor of the estate will then come in to distribute the assets in accordance with the wishes stipulated in the will. Nevertheless, Florida courts specifically, will not allow the personal representative to distribute assets until he or she has been given a letter of testamentary by the court.

Read More »
EPGD Law Special Purpose Acquisition Company
Business Law
Oscar Gomez

What is a Special Purpose Acquisition Company?

A special purpose acquisition company “SPAC” is a publicly traded shell company that has been formed strictly for purposes of raising enough capital to purchase an existing company. Also referred to as a “blank-check company,” these development stage companies have no operations and purely rely on funding through an initial public offering “IPO”.

Read More »