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EPGD Law Blog

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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CAR AND DEALER
Civil Litigation
Eric Gros-Dubois

Financing a Vehicle – Liens & Auto Equity Loans

When a vehicle is financed through a bank, the bank becomes a “secured party” in relations to the vehicle. This means that the bank now owns a financial interest in the vehicle, secured by the vehicle itself. Therefore, the information about the bank’s interest in the vehicle has to be put on the certificate of title, along with the borrower’s information.

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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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COVID-19
Eric Gros-Dubois

What Happens if my City Passes an Emergency Ordinance in Response to COVID -19 that is More Restrictive than My State’s Emergency Order? Which Law do I Follow?

When conflict between laws or orders issued from different levels of government exists, the law at the higher level will typically govern unless that law or declaration is found to be unconstitutional.  For instance, when federal and state law is in conflict, the federal law will supersede, or preempt, the state law and take precedence due to the supremacy clause of the United States Constitution. 

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Business Law
Silvino Diaz

What Constitutes a Valid Escrow in Florida?

An escrow occurs when property is held by a third party until the occurrence of a predetermined event, at which time the third party delivers the property as instructed by the parties to the transaction.  Thus, an escrow agent is the intermediary third-party depositary assisting the parties to the transaction.  Escrows are used to ensure that the parties to the underlying transaction act as agreed upon.

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Business Law
Silvino Diaz

How to Patent Internationally

It is worth noting that the granting of the patents still remains in control of the national or regional patent offices. This is due to the fact that there is no universal patent law, and each nation has different legal standards for granting patents as well as enforcing them.

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Business Law
Eric Gros-Dubois

Should you Lease Property to a Business?

Saving money on taxes is a great incentive to consider leasing your assets to a corporation.  It is common for shareholders of corporations to lease real estate, equipment, and other property, such as vehicles, to the corporation, either directly or indirectly.

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Business Law
Eric Gros-Dubois

What is an Operating Agreement?

The operating agreement for an LLC is imperative because it can outline all the company’s procedural and financial decisions. Although an operating agreement is not required in many states, most limited liability owners create an operating agreement as soon as they create their company. The operating agreement protects owners and sets out anything that has been orally agreed on.

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Business Law
Eric Gros-Dubois

What is a Third-Party Purchaser?

When most people think of foreclosures, the two parties instantly discussed are the owner that is being foreclosed upon and the bank that is doing the foreclosing. However, when the property is headed to the auction block there is another party that comes into the picture: third party purchasers. When the bank lists the property at the foreclosure auction, a third-party purchaser often decides to buy the property if he or she believes it is a good deal. Third-party purchaser can take strategic risks and make money through legal loopholes.

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Business Law
Eric Gros-Dubois

Can an Employer Inquire into Whether its Employees have been Exposed to Coronavirus?

The COVID-19 Virus (“Coronavirus”) is presenting challenges for businesses in a multitude of areas. One particularly concerning prospect is an employee being exposed to the virus and in turn contaminating the rest of the business. While employers may want to ask their employees questions about their health to evaluate the risk of exposure, employers need to be aware of the various laws surrounding this sensitive topic.

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Estate Planning
Niuris Bezanilla

Can you Revoke or Amend a Trust?

Trusts allow a third party, or trustee, of your choosing, to hold assets on behalf of a beneficiary or beneficiaries.  One of the great factors of a trust, is that trusts tend to avoid probate. Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified.  Probate can be a long and stressful process for your loved ones. 

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Business Law
Eric Gros-Dubois

What is the IRS Trust Fund Recovery Penalty?

Every month your employer has to hold back a certain percentage from your paycheck. They have to withhold 6.2% for social security and 1.45% for Medicare. The IRS calls the withholding of income tax, Medicare, and social security the trust fund taxes. An employer is supposed to send the trust fund taxes amount to the IRS every quarter using Form 941.

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Employment Law
Eric Gros-Dubois

Does my Employer Have to pay me if I am Quarantined due to the Coronavirus?

With the current state of the world, you may be thinking about what you can expect if you are unable to go to work due to the Coronavirus. Employment and Labor laws can vary by state, and by county. Additionally, you may have a contract or collective bargaining agreement with your employer that determines what happens when you cannot show up to work due to a public health emergency. While your employer will most likely not require you to come to work if you are under quarantine, your employer may not be required to pay you for the time you are out.

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EPGD Law Entertainment Law
Business Law
Silvino Diaz

Design and Author’s Rights (Part 2)

The expression of the idea, being the artist’s intention – the artist’s purpose in creating that work. If we assume that the work is called “post post post modernism”; that would be the expression.

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