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EPGD Law Blog

Business Law
Eric Gros-Dubois

Maternity / Paternity Leave

As Millennials begin to wait more and more to have children, we have also seen an uprise in demand for maternity and paternity leave. This is largely in part to the emphasis of relationship and connections that has developed over the last decade. New parents want to establish that connection with their newborns and lets face it, that’s not something you can do in a week. Currently, here is where we stand on that legally.

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What is Qualified Sick Pay?

A Section 105 qualified sick-pay plan (QSPP).  A QSPP enables a business to continue some portion of an employee’s wages during a disability. It is the company’s official plan to continue wages for certain ill and injured employees.

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Employment Law
Eric Gros-Dubois

Misclassification Between Employee And Independent Contractor

Misclassified employees are often denied access to the critical benefits and protections they are entitled. Misclassification also generates substantial losses to the federal government and state governments in the form of lower tax revenues, as well as to state unemployment insurance and workers’ compensation funds.

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Estate Planning
Eric Gros-Dubois

A tweet, a tweet! A Lady Bird Deed!

A lady bird deed (called an enhanced life estate deed in Florida) is a relatively new form of deed that—like a traditional life estate deed—allows property to pass automatically to one or more designated recipients at death, without the need for probate. 

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Business Law
Eric Gros-Dubois

The Extent of Non Compete Agreements in Florida

If you’re a business owner or have EVER been an employed by a larger or specific field, you’ve probably run into or have a NON-COMPETE agreement. Just like any contract, there are limitations to everything and in case you didn’t know, according to FL Statute 542.335(1)(d)(1), non-compete agreements are enforceable against an independent contractor just like an employee.

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Business Law
Eric Gros-Dubois

What are some Simple Facts about Foreclosures and Leases in Florida?

In Florida, what would happen if a tenant is leasing a premises, and the mortgagee—the bank for example—foreclosures upon the property. Is the tenant allowed to remain in the premises? As a consequence of the foreclosure, is the tenant’s lease terminated? What if the tenant was an innocent party with no knowledge of the mortgage?

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Business Law
Eric Gros-Dubois

First Comes Love. Then Comes Joint Accounts…

When you own an account jointly with another individual, the law usually presumes that you each have equal rights to funds held in that account. So, when a creditor attempts to garnish that account, it typically doesn’t have to investigate whether you contributed more money to the account than the co-owner. Unfortunately, this could mean that the money in your account could be garnished to pay for the co-owner’s debt, a debt that you never owed.

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ITIN and You!

To invest in a business in the US, especially for establishing a banking relationship with

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debt collector
Business Law
Eric Gros-Dubois

How to Collect after a Favorable Judgement

A common issue persons may face in lawsuits is not so much the difficulty in obtaining judgment for remedies, but actually collecting on the judgment once obtained. There are different ways in which judgment debtors try to defeat collection on judgments, which pose problems for those holding outstanding executions.

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EPGD’s 10 Steps to Start A Business

As times change, businesses change as well. We’ve seen a boom in entrepreneurial businesses throughout South Florida. If you find yourself feeling the bug, here are EPGD’s 10 simple steps to starting your own business.

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DBA registration form
Business Law
Eric Gros-Dubois

What is a DBA?

It is important to note that a fictitious business name is not the same as a trademark.  Entities like trademarks, service marks, corporations, and limited partnerships are legal names.  In contrast, the registration of a fictitious business name does not create any exclusive ownership rights, nor does it reserve the name against future use. 

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Business Law
Eric Gros-Dubois

Limited Liability Company (LLC) and Foreign Owners

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. LLCs have pass-through taxation while also affording the owners limited liability protection, typical of a corporation.

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background check
Employment Law
Eric Gros-Dubois

What are Background Checks?

Aside from certain situations where Florida law requires that employees be screened, such as law enforcement officers or those hired to work with children or the elderly, requiring an applicant or employee to submit to a screening is also possible.

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trademark
Intellectual Property Law
Eric Gros-Dubois

Don’t just put a TM logo; file it!

In Florida, the general rule for trademark rights is “First In Use, First In Right.” In other words, you must be the first to use the mark in commerce. Either by selling products (for goods) or providing services (for services) before you can register the trademark.

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Intellectual Property Law
Eric Gros-Dubois

Charlie Sheen Changed his name, you can too!

Charlie Sheen, Lady Gaga, Lana Del Rey, Bruno Mars, Jamie Foxx, they all have one thing in common. They’ve changed their name. In case you didn’t know, celebrities aren’t the only ones who can do so. If you would like to legally change your name or restore a former a name, you may do so in Florida, provided that you are 18 years of age or older and satisfy certain other requirements.  In particular, the state of Florida has set forth specific procedures, which govern all legal name changes of Florida residents. 

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Estate Planning
Eric Gros-Dubois

Life Insurance Trust… in Layman’s Terms!

A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets or income for the benefit of beneficiaries. Similar to a life insurance there are three parties to a trust. The settlor, the person or entity who creates the trust and usually transfer the property into the trust; the trustee, the person who holds and manages that property for the benefit of the beneficiary; and the beneficiary, the person who receives the benefit of such property.

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non-compete agreement
Business Law
Eric Gros-Dubois

Why do I need a Non-Compete Agreement?

A non-compete agreement is a contract between an employee and an employer in which the employee agrees not to enter into competition with the employer during or after employment. Non-compete agreements in employment contracts are essential in protecting your business from unfair competition, and safeguarding your trade secrets and confidential information once an employee decides to leave.

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