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EPGD Law Blog

Real Estate Law
Eric Gros-Dubois

Florida Residential Security Deposit Return

Under Florida law, a landlord may retain a tenant’s security deposit, but there are a few steps that need to occur before the security deposit, or a portion thereof, is withheld. If the tenant leaves the premises, and the landlord does not intend to retain the security deposit, the landlord has fifteen (15) days from the date the tenant vacated the premises to return the security deposit.

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EPGD Law Business Law
Business Law
Eric Gros-Dubois

Small Business and Minority Businesses in Miami Dade County (Part 1)

The federal government has a unique program that assists disadvantaged businesses by registering them for government contracts.  In other words, as a “small business” you have a higher probability of obtaining a government contract before a business that is not registered as a “small business.”  The U.S. Small Business Administration (“SBA”) defines a “small” business in terms of the average number of employees over the past 12 months or average annual receipts over the past three years.  The SBA defines a U.S. small business as a concern that:

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Civil Litigation
Eric Gros-Dubois

Civil Theft of a Corporation in Florida

Civil theft is a common law conversion with the criminal intent to steal. See 1-27 Florida Torts § 27.07. Florida Statute 812.014 (2014) states the elements for civil theft as:
(1) knowingly, (2) obtained or used, or endeavored to obtain or use, the plaintiff’s property, (3) with felonious intent, (4) either temporarily or permanently to (a) deprive plaintiff of its right to or a benefit from the property or (b) appropriate the property to the defendant’s own use or to the use of a person not entitle to the property.

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How to Protect Limited Liability?

So you filed the state requirements to start your own company. Therefore, now you have obtained limited liability and can shield yourself personally from any obligations that may transpire in the course of your business. Wrong! In fact, filing with the state is merely the first step to obtain limited liability.

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employment contract
Employment Law
Eric Gros-Dubois

Penalties for Misclassifying Employees and Independant Contractors

The risks involved in the misclassification of workers as independent contractors rather than employees are serious. Federal and state agencies have the authority to impose both monetary and non-monetary sanctions against employers who misclassify their workers. Yet, employers remain subject to civil liability with respect to the claims of their workers, as well as to potential criminal liability.

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What’s in a Label? The FDA and Product Labeling…

The United States Food and Drug Administration (“FDA”) is assigned the task of keeping Americans safe by regulating the sale of food and drugs. Among many things, the FDA regulates the “labeling” of many products. Appropriate labeling is significantly important to protect the health of consumers. Additionally, the labels of a cosmetic product allow the average consumer to make informed decisions about their health and to understand the ramifications of what they are purchasing.

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Offshore Voluntary Disclosure Program (OVDP)

In January 2012, the IRS announced a new Offshore Voluntary Disclosure Program (OVDP) available to taxpayers with undisclosed foreign assets. The 2012 OVDP is similar to the IRS’ 2009 OVDP and 2011 OVDI, but the 2012 OVDP is (for the time being) open-ended. The 2012 OVDP is designed to allow taxpayers to come clean with the certainty that they will not face criminal prosecution for not previously disclosing their overseas accounts. Taxpayers have the added benefit of receiving a fixed penalty structure for settlement of past non-compliance.

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Civil Litigation
Eric Gros-Dubois

Legal Approaches to Substance Abuse

There are few challenges greater than watching a loved one descend into the depths of drug and alcohol abuse. Lives can be shattered, fortunes squandered, aptitude and potential wasted, and relationships often strained to the breaking point. The damage is two-fold: the abuser’s self-destructive behavior not only hurts his or her own life, but unintentionally inflicts harm on friends, families, coworkers, and neighbors

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