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EPGD Law Blog

Estate Planning
Niuris Bezanilla

Creating a Trust for your IRA

IRAs allow you to save for retirement with tax-free growth on a tax-free basis.  You can also establish different sub-trusts within the IRA trust for the benefit of your beneficiaries, including your spouse. You can design each sub-trust to fit the unique needs of each beneficiary.

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Business Law
Eric Gros-Dubois

What are the Florida Bar Rules on Attorney Referral Fees?

Referral fees from attorney to attorney may be allowed when an attorney passes a case or a client to another attorney. The Florida Rules of Professional Responsibility do not authorize a lawyer to give anything of value to a non-lawyer in return for recommending that attorney’s legal services.

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Intellectual Property Law
Eric Gros-Dubois

Why Should I Federally Register My Trademark?

A Federal trademark registration will greatly enhance your rights. U.S. trademark rights are created through the use of your mark in commerce, however these use-based rights are just common law rights and only apply to a specific geographic area.

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Business Law
Oscar Gomez

How to Choose the Best Location for Your Subsidiary

Business owners want to choose a location that will provide the most economic benefits to the company. To accomplish this goal, it is critical to gather information and research the demographics and economic characteristics of the cities you’re interested in.

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Business Litigation
Eric Gros-Dubois

What is Florida’s Uniform Trade Secrets Act?

Florida, among 48 states, has adopted its version of the Uniform Trade Secrets Act known as FUTSA. The purpose of the Act is to ultimately protect one’s intellectual property, ideas and certain types of confidential information.

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Employment Law
Eric Gros-Dubois

Discrimination in the Workplace

Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin. Moreover, other types of discrimination that are not particularly immutable, for example, pregnancy, disability, or marital status are also protected classes under both federal and state law.

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Estate Planning
Eric Gros-Dubois

How to Avoid Probate

Preparing for what happens after one’s passing can be difficult.  Most people do not like thinking of the reality that they are not going to be around one day.  However, proper preparation allows you to have a say even after you pass. 

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Franchise Law
Eric Gros-Dubois

What Are the Most Famous Franchises?

When you think of popular franchises you most likely think of fast food restaurants. Some of the most profitable and longest standing franchises in the United States are fast food restaurants such as McDonalds, Burger King, Wendy’s, Taco Bell and KFC.

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Employment Law
Eric Gros-Dubois

What to Consider When Hiring

Do you hire someone as an employee or as a contractor?  What is the difference between an employee and an independent contractor?  How do you know if someone is legally able to work in the United States?

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Civil Litigation
Eric Gros-Dubois

When is there Medical Malpractice?

Medical malpractice can happen in all types of medicine and at any moment during treatment.  Medical malpractice occurs when a patient is harmed by a doctor’s or other health care provider’s actions or negligence.

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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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