Business Law
What is an Accidental Franchise?
Failure to follow the formalities required under state law and by the FTC might unintentionally create a franchise agreement.
Eric Gros-Dubois
February 14, 2019
Franchise Law
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.
Eric Gros-Dubois
February 11, 2019
Franchise Law
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.
Eric Gros-Dubois
February 11, 2019
Homestead Exemption
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.
Eric Gros-Dubois
February 4, 2019
Business Law
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.
Eric Gros-Dubois
January 18, 2019
Franchise Law
So You Want to START a Franchise?
If you own a successful business that is unique to you and are interested in expanding, franchising could be a great way to do just that.
Eric Gros-Dubois
January 17, 2019
Business Law
What are some of the Benefits of Having a Shell Company?
A shell company can be created when shareholders of a private company purchase control of the public shell company and then merge it with the private company. The publicly traded corporation is called a “shell” since all that exists of the original company is its organizational structure. The private company shareholders receive a substantial majority of the shares of the public company and control of its board of directors.
Oscar Gomez
January 16, 2019
What are the new procedures after the “OVDP” was terminated?
On September 28, 2018, the IRS officially terminated the Offshore Voluntary Disclosure Program (“OVDP”). The
Eric Gros-Dubois
January 8, 2019
Estate Planning
Do I Need a Trust Amendment or a Trust Restatement?
Generally, it is recommended that your estate planning documents, including your revocable trust, are reviewed at least once a year. This is especially important if you have experienced any significant life changes.
Elizabeth Fernandez
January 7, 2019
Business Law
What is the Florida Construction Industry Recovery Fund?
Where has all my money gone? If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund. However, there are a few qualifications you must meet before recovering.
Eric Gros-Dubois
January 5, 2019
¿Cuáles son los riesgos de responsabilidad civil para los funcionarios corporativos al disolver una Corporación FL?
Si usted es un director o funcionario de una corporación que se encuentra en proceso
Eric Gros-Dubois
January 5, 2019
Business Law
What are the Liability Risks for Corporate Officers when Dissolving a FL Corporation?
If you are the director or a corporate officer of a corporation in the process of dissolution you might want to evaluate whether you will be personally held liable. If corporate formalities are not followed and the corporation proceeds with distributions to the shareholders before satisfying outstanding corporate debts, the directors might be held personally liable.
Eric Gros-Dubois
December 23, 2018
Business Law
Should an Independent Contractor Incorporate as an LLC or S-Corporation?
Generally, independent contractors, also known as 1099 workers, are considered self-employed and a sole-proprietorship. As such you will be required to pay self-employment taxes. As an independent contractor, you can be sued for your actions or inactions in performing your work.
Eric Gros-Dubois
December 14, 2018
Employment Law
What are Restrictive Covenants in Employment?
Restrictive covenants (RC), generally, are clauses in a contract that restrict a person’s actions. They can apply to property, in which case the clause could restrict the use of land. However, for the purposes of this blog, we will discuss RCs in employment.
Eric Gros-Dubois
December 10, 2018
Business Law
How Important is an Attorney’s fee Clause?
When writing a contract people usually think that putting in the basics about what they are agreeing to and some standard legal language will cover everything with the agreement. However, most people don’t like to think of the possibility that something may go wrong with their contract and may end up having to take that document to court to enforce either the completion of what was set forth within the contract or whatever remedy was set forth for breaching said contract.
Eric Gros-Dubois
December 3, 2018
Does my website need to be ADA compliant?
The Americans with Disabilities Act (ADA) enacted in 1990, prohibits discrimination on the basis of
Eric Gros-Dubois
November 28, 2018
Business Law
How does Chinese Overtime work?
The Fair Labor and Standards Act (FLSA) provides that employees paid on an hourly basis must be compensated at the rate of one and one-half their regular wage for each hour over 40 worked in a week. It’s fairly simple, if you are paid $10 an hour and you work 50 hours in one week, those extra 10 hours must be paid at a rate of $15 per hour.
Eric Gros-Dubois
November 24, 2018
Business Law
An Overview of Qualified Business Income (QBI) Deductions: Part Three; Taxpayers Between the Taxable Income Thresholds
The first and second post of this series on QBI deductions analyzed the purpose of the deduction and how it applies specifically to taxpayers below the lower threshold or above the higher threshold. This post addresses taxpayers that fall between the two thresholds.
Eric Gros-Dubois
November 14, 2018
Business Law
An Overview of Qualified Business Income (QBI) Deductions: Part Two; Taxpayers Above the Higher Taxable Income Threshold
The first post in this series on QBI deductions examined the purpose of the deduction, who can claim it, and how to calculate QBI deductions for taxpayers in a lower threshold. This post specifically addresses taxpayers with a taxable income above the higher threshold of $207,500, for individuals, or $415,000, for joint filers.
Eric Gros-Dubois
November 13, 2018
Business Law
An Overview of Qualified Business Income (QBI) Deductions; Part One
A new and important provision in the Tax Cut and Jobs Act (TCJA), enacted in December of 2017, is Section 199A, which allows deductions for qualified business income (QBI). This post is part one of a three-part series and addresses what QBI is, who may claim QBI deductions, how they may claim such deductions, and how to calculate the deduction for taxpayers below the lower threshold.
Eric Gros-Dubois
November 11, 2018
Business Law
What are the Deductions for the new Tax Act?
The Tax Cuts and Jobs Act passed in 2017, and effective in 2018, provides businesses with a reduced tax rate, but also significantly alters the tax deductions businesses can claim. Some major categories of tax deductions that have been adjusted are meals, entertainment, and travel for either employees or clients
Eric Gros-Dubois
November 4, 2018
What is Slander of Credit?
The saying used to go, “A man’s only as good as his word.” However, these
Eric Gros-Dubois
October 27, 2018
Employment Law
What is Corporate Social Responsibility?
Corporate Social Responsibility is a private business self-regulating model that helps a company to be accountable to itself, its stakeholders, and to the public. In essence, when a company adopts CSR policies and practices, its planning and decision-making reflect the potential impact of its corporate actions on various stakeholders and constituencies.
Eric Gros-Dubois
October 23, 2018
If I use old Patent Drawings as art, does it Violate Copyright or Patent law?
Patents are a government-issued license that gives an inventor the exclusive ability, for a period of time, to make, use, or sell an invention of their creation.
Eric Gros-Dubois
October 15, 2018
How many DBA’s can a FL company have?
We’ll keep it short and simple this time. Every state has different regulations on DBA’s.
Eric Gros-Dubois
October 2, 2018
How Tax Lien works
When a person fails or neglects to pay income taxes owed, the likely consequences involve
Eric Gros-Dubois
September 26, 2018
When a fashion model is hired to do pictures, who owns the photographs?
If you are reading this blog, you are probably facing copyright issues as either a
Eric Gros-Dubois
September 24, 2018
Foreign Reporting
Do I have to pay Property Taxes as a Foreigner Investor?
All foreign investors owning U.S real property are responsible for paying taxes on any and all rental income they earn in the United States from that property. As a general rule, a non-US person who rents out his or her U.S. property is subject to a 30% withholding tax imposed on the gross amount of each rental payment.
Eric Gros-Dubois
September 21, 2018