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EPGD Law Blog

Employment Law
Eric Gros-Dubois

What is Workers Compensation Insurance?

If an employer operates their business without purchasing workers compensation even though they are required by Florida Law, then there is a high probability that a penalty will be issued. In order to avoid the penalty, any Florida business operating with four or more employees must purchase workers’ compensation insurance, which in Florida will cost your business about $1.32 per $100 wages.

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Trusts & Estates
Eric Gros-Dubois

What is a Prenup?

A prenuptial agreement (or a prenup) is an agreement signed before marriage that outlines what happens to each spouse’s financial assets in the event of divorce or death. This protects each spouse’s personal assets that they have inherited from family members, assets they have obtained before marriage, or income they have generated before marriage.

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Intellectual Property Law
Eric Gros-Dubois

Copyright Trolls

These are parties that have no interest in using or selling the photos, or other works, they own copyrights for. They may be photographers who own pictures or website who have licensing from photographers. They then purposefully make their pictures readily available online, like on Google.

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Intellectual Property Law
Eric Gros-Dubois

Online Trade Dress Infringement

Trade dress infringement claims are no longer solely about whether a producer is infringing upon the other because of the packaging or design of a product. Now trade dress infringement also encompasses whether an online user is infringing upon another user’s YouTube channel or blog by copying the name or the content.

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Intellectual Property Law
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.

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Intellectual Property Law
Eric Gros-Dubois

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.

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Business Law
Eric Gros-Dubois

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.

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Business Law
Eric Gros-Dubois

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.

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Business Law
Eric Gros-Dubois

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.

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Employment Law
Eric Gros-Dubois

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.

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Trusts & Estates
Eric Gros-Dubois

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.

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Business Selling a Franchise
Franchise Law
Eric Gros-Dubois

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.

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Businessman Signing a Franchise Purchase Contract
Franchise Law
Eric Gros-Dubois

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.

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Homestead on Notebook
Homestead Exemption
Eric Gros-Dubois

Will you lose your Homestead if you go to Jail?

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.

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hand holding money
Business Law
Eric Gros-Dubois

What is a Promissory note?

We’ve all heard the old story of two friends sitting at a bar and one agrees to loan the other money. They write out an agreement on a napkin for the loan and believe it or not, if the writing on the napkin includes the required terms, it can be a binding promissory note and enforceable in court.

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