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EPGD Law Blog

Author: Oscar Gomez
EPGD Law Defamation Law
Civil Litigation
Oscar Gomez

Can I Get Attorney’s Fees in a Defamation Case in Florida?

Courts can award attorney’s fees to the prevailing party if both parties have agreed to such a condition in a contract, or if there is a specific statute that grants attorney’s fees to the prevailing party in a certain case. If both parties prevail in different legal arguments, the court will conduct a balancing test and distribute attorney fees using its own discretion. 

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EPGD Law COVID
COVID-19
Oscar Gomez

What is the EIDL Loan?

The EIDL program or Economic Injury Disaster Loan allows the SBA to provide loans of up to $2 million to small businesses that have suffered substantial economic injury. The EIDL reopened its loan program to small businesses on June 15, 2020 after closing to most small businesses in May of 2020.

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EPGD Law Business Law
Business Law
Oscar Gomez

Las Pequeñas Empresas Comerciales y de las Minorías en el Condado de Miami Dade (Parte 2)

No mucha gente lo sabe, pero es importante saber que una vez que un negocio o persona desfavoreada haya participado en el programa, ni el negocio ni esa persona volverán a ser elegibles.  El SBA rechazará automáticamente esas aplicaciones. Por lo tanto, una empresa puede participar sólo una vez.  No importa si la propiedad y el control han cambiado por completo; la empresa será rechazada si se aplica de nuevo.

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EPGD Law Private Adjudication
Business Litigation
Oscar Gomez

What is Private Adjudication in Florida?

Private adjudication provides the parties in a civil lawsuit two alternatives to court: (1) voluntary trial resolution (VTR) or (2) voluntary binding arbitration. These alternatives grant the parties of a lawsuit a path that avoids the traditional court litigation route.

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Business Law
Oscar Gomez

What is Business Interruption Insurance?

Business interruption insurance (or business income insurance) is a kind of insurance coverage that provides a business with funds that are meant to substitute for income that is lost due to the interruption of the business operations.

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Business Litigation
Oscar Gomez

How to Prevent an ADA Lawsuit

Many businesses have been concerned about ADA lawsuits and have sought methods to prevent them. While the measures are not particularly complex, they are essential to avoid the frustrations and expenses related to ADA lawsuits.

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COVID-19
Oscar Gomez

Florida Coronavirus Executive Orders

Throughout March, Governor Ron DeSantis has issued multiple Executive Orders related to the COVID-19 outbreak. As of March 23, 2020, Governor DeSantis has issued seven Executive Orders directly related to the coronavirus pandemic.

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COVID-19
Oscar Gomez

The Families First Coronavirus Response Act

The FFCRA applies to only businesses with less than 500 employees. Divisions C and E establish two new laws that will take effect April 2, 2020 and will remain in effect until December 31, 2020 – the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.

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Real Estate Law
Oscar Gomez

Residential Security Deposit Laws in Florida

Florida statute provides that a landlord is to refund the full amount of the security deposit, minus any findings of property damage or other incidentals, within 15 days after the tenants move out of the residence.

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Business Law
Oscar Gomez

What You Need to Know About Non-Disclosure Agreements

Breaching an NDA can have serious consequences (e.g., a lawsuit against the person who is revealing the private information).  Normally, the remedies for a breach of an NDA are in the NDA itself.  Therefore, it is important to have a detailed NDA, which includes what is covered by the contract and the repercussions for disclosing such information.

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Business Litigation
Oscar Gomez

How do you Serve Process on Corporations?

Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.

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Business Law
Oscar Gomez

Florida Deceptive and Unfair Trade Practices Act

Courts have given some guidance on what constitutes deceptive and unfair trade practices by companies in Florida. A business engages in deceptive practices if the action is likely to mislead the consumer. On the other hand, a business participates in unfair practices if it acts contrary to public policy by behaving unethically or oppressively towards consumers or other businesses.

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Civil Litigation
Oscar Gomez

Who Can Report You to the Credit Bureaus?

Credit report files contain information about a person’s financial debt, including account numbers for current and past debts, loan types and terms and payment history.  When a person defaults on loan payments, the creditor may decide to send a report of the late payment(s) to the credit bureaus so that it will be reflected in the customer’s credit file.

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Employment Law
Oscar Gomez

Discrimination in the Workplace

Federal law recognizes certain characteristics of individuals as immutable and therefore, protected against discrimination. Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin.

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