Painters and artists in Miami oftentimes copy images presented to them, without first checking to see if the artwork is copyrighted. This can unfortunately lead to a case of copyright infringement—something every artist seeks to avoid.
Massive security breaches occur every day—not even the most prominent politicians and businessmen are immune. On July 15, Twitter discovered fake tweets coming from Barack Obama, Joe Biden, Mike Bloomberg, Jeff Bezos, Bill Gates, and Elon Musk’s accounts. Kanye West and Kim Kardashian West were also subject to the hack.
In most contracts, there is a provision for attorney’s fees, sometimes called a prevailing party clause. This provision states that if legal action must be taken to enforce the contract, the prevailing party will get its attorney’s fees and costs paid by the losing party. Under Florida law, attorney’s fees are contractual or statutory, meaning that this provision must be included in contracts or statutes to be enforced. Because of this, it is important to include an attorney’s fees clause in any contract in Florida.
A domain name is the web address that identifies a website. Any website with a “.com” will be the domain name for that website. While trademarks are federally registered through the USPTO, domain names for websites are registered through a domain name registrar.
Homeowner Associations are subject to the rules and regulations under Florida Statutes Chapter § 720. Chapter § 720 delegates the association’s power, rules and duties, sets forth dispute resolution mechanisms, and owner improvements, rights and privileges.
In light of the events that have occurred in 2020, fraud claims are on the rise. In Florida, there are several mechanisms to report fraud. The Department of Financial Services has a Fraud and Consumer Protection Initiative. If one believes he/she is a victim of fraud, or suspect that fraud is occurring, he/she can report the individual and/or entity in question.
Investing in your new business is a financial risk that many business owners take in order to grow their company. By taking that risk, individuals are forecasting positive return in the near future. Like anybody in the economic market, business owners want to ensure that their companies reach success in the long run.
An Economic Injury Disaster Loan (EIDL) is a loan offered to small business owners in Florida and throughout the United States amidst the Coronavirus (COVID-19) pandemic. This loan has an interest rate of 3.75%.
A change in control is a change in the ownership structure of a company. Such change of ownership typically involves another entity or individual acquiring more than 50% of the company’s shares. When such a change in corporate structure occurs, the company must file an “Information Return for Acquisition of Control or Substantial Change in Capital Structure” Form 8806 with the Internal Revenue Service.
On Monday of this week, Miami-Dade County Mayor Carlos Gimenez released a statement along with a new emergency order. Due to the recent spike of positive COVID-19 tests and hospitalizations, this new order will close many public establishments to stop the increasing spread of the virus. These closures will be made effective this Wednesday, July 8th, 2020.
A surcharge action in Florida is a legal action that may be brought against a personal representative when there are allegations that the personal representative has breached his fiduciary duty in order to impose personal liability on a personal representative.
In the United States, the rights of trust beneficiaries are typically governed by state law. Florida has adopted the Uniform Trust Code (U.T.C.), which governs the administration of trusts in Florida as well as duties and rights of trustees and beneficiaries.
The doctrine of impossibility applies in a situation where it is literally impossible for a party to a contract to perform their duties. The Florida court system generally has an interest in holding parties to the contract they sign and the duties assigned under that contract. Impossibility is a high standard, lack of performance cannot be excused by mere inconvenience, expense, or other non-impossible circumstances.
The changes to the Florida Corporate Statute have gone into effect on January 1st, 2020. These changes are centered around the Revised Model Business Corporation Act.
Registering your business with the State of Florida is a crucial part of your company’s creation process. Often times, many individuals who are new to the business world opt for a limited liability company (“LLC”) when they intend to register their new business. Mainly because they desire something simple and less complicated, especially during the beginning stages. An LLC offers just that, not only is it easy to form, but it is also easy to manage.
A Last Will and Testament is a legal document that allows you to decide how to distribute your assets after your passing. A Will contains the definition of assets, the names of beneficiaries, and sometimes includes guardianship designations and burial instructions. A Will also appoints an executor, or personal representative, of the will. A personal representative is someone who will pay remaining taxes after your passing and make sure the Will is being executed correctly and in accordance with your wishes.
The CARES Act provides several unemployment insurance benefit programs which include: the Pandemic Unemployment Assistance (“PUA”); the Federal Pandemic Unemployment Compensation (“FPUC”); and the Pandemic Emergency Unemployment Compensation (“PEUC”) which are further detailed below.
A common law trademark is a right at common law to certain names, sentences or logos that you very often use in connection with your product. You can have common law trademarks rights without having your trademark federally registered. A common law trademark, however, can only be enforced within a certain area, where it is used.
The Agricultural Tax Exemption is a property tax exemption that landowners may receive, if they can show that their land is being put to agricultural use. Different states define “agricultural use” in different ways. For example, Florida requires agricultural use to be bona fide. Fl. Stat. § 193.461. “Bona fide agricultural purpose” is defined as a “good faith commercial agricultural use of the land.” Fla. Stat. § 193.461(1)(b) (2009). Some states require the agricultural use to be for commercial purposes, and for some profits to be gained from the land.
A living will is a legally binding document that explains an individual’s personal choices about end-of-life medical care in cases where they become incapacitated and can no longer make decisions for themselves. For example, the living will would state whether an individual would want to be kept alive through life support or whether they would not like to receive any life support, including artificial nutrition and hydration.
This symbol serves to signify that a particular brand is registered with the federal USPTO office. A simple application to have your trademark registered with the USPTO does not give you the right to use the ® symbol until the trademark has been officially registered.
If you reside in another state but wish to convert your domicile to the state of Florida, there are many ways you can make a showing that would reflect Florida residency, especially for purposes of homestead exemption or paying in-state tuition at a Florida university. Many individuals, including investors, choose to make Florida their state of domicile, mainly because Florida has no state income tax, as opposed to states like New York, Georgia or California.
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.
A trust is an agreement between a settlor and a trustee, which directs the trustee to hold the settlor’s assets for the benefit of the settlor’s beneficiaries. In simple terms, an individual will establish a trust to hold their assets for their beneficiaries. The person establishing the trust, or the settlor, can create a trust agreement where he is both the settlor and the trustee and place all of his assets in the trust.