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EPGD Law Blog

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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EPGD Law Entertainment Law
Business Law
Silvino Diaz

Design & Author’s Rights (Part 1)

Intellectual property consists of four regimes of law that govern different aspects of human creations – that’s why it is called “intellectual” property; they are born from the intelligence and imagination of human beings. These laws are copyright, trademarks, business secrets, and patents.

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Real Estate Law
Eric Gros-Dubois

Attacking the Validity of the Mortgage

One of the ways to win a foreclosure fight is by attacking the validity of the mortgage.  There are multiple ways to do this, including but not limited to, using defenses such as fraud, standing to sue, and proving the statute of limitations.

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Business Law
Eric Gros-Dubois

What to Think About when Starting a Small Business

Starting a new business can be scary with all of the legal issues that arise, the taxes one may incur, the fear of losing money invested, etc.  To deal with these issues, it is best you consult an attorney to ensure all of your questions are answered and there are no hidden surprises.

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Business Law
Eric Gros-Dubois

Why do I need a PPM?

Even companies engaging in private placements frequently have to meet certain disclosure requirements. Such requirements are met through the creation of a Private Placement Memorandum (PPM)

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Business Law
Silvino Diaz

The Digital Millennium Copyright Act

The term ‘service provider’ means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.

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Estate Planning
Niuris Bezanilla

What is a Trust Amendment?

A trust amendment is a legal document that revises specific provisions of a revocable living trust or an “inter vivos” trust. It is only intended for making changes to specific provisions, while leaving the rest of the document in its original form and other provisions unchanged.

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Business Law
Eric Gros-Dubois

Prevent Sexual Harassment in the Workplace

Sexual harassment occurs far more often than one would expect.  Sexual harassment is a form of sex discrimination which violates Title VII of the Civil Rights Act of 1964.  Title VII applies to employers with 15 or more employees in any capacity, whether it is a private workplace or a government agency.

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Business Law
Eric Gros-Dubois

Updating your FDD in Response to Change of fees

The FDD must be given to the potential Franchisee 14 days before the Franchisee is able to sign the Franchise Agreement. The purpose of such disclosure to a potential Franchisee has historically been to allow the Franchisee to make an informed decision. An FDD typically includes a fees chart, the franchise’s legal and financial history, along with other terms and conditions of the operation of the franchise.

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Business Law
Eric Gros-Dubois

How to Properly Dissolve a Florida Nonprofit Organization

When a nonprofit corporation decides to close its doors, there are steps that the organization must follow to legally terminate its operations or dissolve. Similarly, to for-profit corporations, nonprofit corporations must file Articles of Dissolution with the Florida Department of State. But that is not the final step.

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Business Law
Eric Gros-Dubois

Can a Dissolved Company sue?

Voluntary dissolution is an action taken by shareholders or incorporators to dissolve a corporation. This process is typically initiated by a vote of the corporation’s stockholders. Under a voluntary dissolution, the company will stop to exist as a legal entity.

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Business Law
Eric Gros-Dubois

Is it Legal to take Clients away from your Employer?

Client lists are usually labeled as “confidential” and within the company access to them is limited. Other companies divide their client lists by sales/business geographical territory to minimize access of employees to the lists even more.

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