Author Archives: Eric Gros-Dubois

Damages Under Lanham Act

The Act permits the injured party to recover (1) any profits the defendant made off the use of the trademark, (2) any damages sustained by rightful owner of the trademark through the unlawful use by the defendant, and (3) the costs of the court action. If the trademark infringement is particularly shocking or offensive, then the court can award the injured party three times the actual amount of damages.

Piercing the Corporate Veil: When Can the Owners Be Liable?

Piercing the veil means the court disregards the limited liability protection and the person suing the company can go after the owners personally.

Trade Dress Infringement

Trade dress infringement occurs when one product’s design or packaging copies that of another product to the degree that there is confusion in the minds of consumers.

Can a Shareholder or Member Transfer Shares?

One of the biggest strengths of the corporate form is its provision of limited personal liability to owners.

What Happens to a Car When the Owner Dies?

There are two ways that the ownership can be transferred, and the court can ultimately determine the legal owner of the vehicle.

Is Remote Electronic Notarization Legal in Florida?

Florida is one step closer to making online notarization legal in the state thanks to the recent approval of House Bill 409 by the Florida House of Representatives and Florida Senate.

Do you have a pet that you consider as a family member?

Providing for all members of your family is of the utmost importance– including your furry, four-legged friends.

Perfecting the Security Interest

A secured party should perfect their security interest, after attachment, in order to fully ensure its legal rights against a third party claiming that they have an interest in the same collateral. By perfecting a security interest, a secured party gains priority over subsequent creditors claiming the same collateral.

What is a Security Interest?

A security interest occurs when a debtor, which can be a person or business, borrows money from a creditor or more specifically a secured party and they agree to execute a security agreement. In the event the debtor defaults by not paying back the loan or by violating a provision in the agreement, the secured party can seize the collateral and may sell it to satisfy the debt.

Why is an LLC Important?

Today, many businesses are forming as a Limited Liability Company (LLC) and are finding that an LLC offers the “best of both worlds” of corporate forms.

What is an Independent Contractor?

Businesses can choose to hire a person as an independent contractor or as an employee. Some employers rather hire independent contractors because of the reduced costs in payroll and taxes. However, an employer must be certain that the worker that is classifying as an independent contractor is truly an independent contractor.

Are You Ready to Retire?

Are you on the right path to retirement? A retirement plan is not something to take lightly or put off to a later date.

Foreign Reporting for US Taxpayers 101

While it is not illegal to earn income abroad or to hold an offshore account, failure to disclose income to the Internal Revenue Service is illegal.

What is “The Uniform Transfer on Death Security Registration Act”?

Beneficiary designations on your financial accounts can provide a quick alternative to traditional estate planning strategies by making sure your accounts are not subject to probate, thus preserving your wealth and preventing unnecessary court expenses and proceedings.

The different kinds of Tax Penalties

Missed a tax payment? Here are the consequences.

Are Employees Legally Obligated to Take a Lunch Break?

Lunch Breaks: Are you in Compliance with Federal and State Law?

Are you liable for the documentary stamp tax?

Who Pays the Documentary Stamp Tax? In Florida, people who transfer real estate in exchange for value must pay a transfer fee, called a “documentary stamp tax,” on the documents used. The Florida documentary stamp tax has broad applicability, applying to deeds, instruments, or writings whereby lands, tenements, real property, or interests therein are granted…   + Read More…

What is an Accidental Franchise?

Failure to follow the formalities required under state law and by the FTC might unintentionally create a franchise agreement.

So You Want to SELL a Franchise?

While the sales process time consuming and varies significantly from franchise to franchise, you should generally consider the following steps when selling your franchise.

So You Want to BUY a Franchise?

Buying a franchise offers are variety of benefits, such as instant name recognition and a customer pool that is already familiar with and attracted to your products or services.

Will You Lose Your Homestead if you go to Jail?

What is Homestead? Florida provides homeowners who make their Florida home their principal place of residence with a tax exemption. This exemption is called the Homestead Exemption and has different benefits. The exemption allows homeowners to exempt $25,000 (or $50,000 for married couples) from the taxable value of their home. Also, claiming Homestead provides exemptions…   + Read More…

So You Want to START a Franchise?

If you own a successful business that is unique to you and are interested in expanding, franchising could be a great way to do just that.