The Importance of a Well Drafted Franchise Agreement
In Florida, there isn’t a specific statute that governs how a Franchise Agreement must be
EPGD Law
October 30, 2015
Getting a Real Estate License in Florida
Florida real estate is booming, and starting a real estate career may be a great
EPGD Law
October 30, 2015
Intellectual Property Law
What is a Fictitious Business Name?
An important aspect of establishing a business is finding the right name under which a given company is to conduct its business. While some business owners choose to use their own legal name, such as “Jane Smith’s Hair Salon,” others might prefer to use a catchphrase or a term associated with the nature of the business or its product, for example “Jane’s Cuts,” or “Fashion Cuts.” In the latter case, the business is said to operate under a fictitious business name.
Eric Gros-Dubois
October 30, 2015
Intellectual Property Law
How to Register a Florida Trademark
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.
Eric Gros-Dubois
October 30, 2015
Employment Law
What if my Employer isn’t Paying me the Minimum Wage?
If your employer for whatever reason is not paying you the applicable minimum wage or the agreed wage for your hours worked, you have a legal claim to recover damages against your employer.
Eric Gros-Dubois
October 30, 2015
When are the Directors of a Company liable?
Generally, not often. The business judgment rule generally prevents a court from holding a corporation’s
EPGD Law
October 30, 2015
Contract
What Remedies exist for Breach of Contract?
When there’s a breach of contract for the sale of goods, the UCC governs. Under the UCC, failure to deliver goods is a material breach, but in common law, it is not. Any contract can contain a “liquidated damages” provision which typically includes a certain amount of money that the non-breaching party is entitled to if a party breaches the contract.
Eric Gros-Dubois
October 30, 2015
Business Law
¿Qué es una “B” Corporación ?
Una Corporación de Beneficios o un “B-Corp.” es una empresa privada que crea un beneficio público al permitir que las empresas sean rentables mientras consideran el bienestar de la sociedad y el medio ambiente. Las corporaciones de beneficios exigen que las empresas hagan que sus prácticas sean transparentes para el público. Convertirse en una Corporación de Beneficios tiene ciertos requisitos, pero es principalmente un proceso de tres pasos.
Eric Gros-Dubois
October 30, 2015
Qu’est-ce qu’un «B» Corporation ?
A Benefit Corporation or a “B-Corp.” is a private enterprise that creates a public benefit
EPGD Law
October 30, 2015
Business Law
What is a “B” Corporation?
A Benefit Corporation or a “B-Corp.” is a private enterprise that creates a public benefit by allowing businesses to be profitable while considering the welfare of society and the environment. Benefit Corporations require businesses to make their practices transparent to the public. Becoming a Benefit Corporation has certain requirements, but it is mostly a three-step process.
Eric Gros-Dubois
October 30, 2015
Business Law
Las pequeñas empresas comerciales y de las Minorías en el Condado de Miami Dade (Parte 1)
¿Cómo se Convierte en una Pequeña Empresa Certificada? El gobierno federal tiene un programa único
EPGD Law
October 30, 2015
Entreprises et aux entreprises minoritaires petits à Miami Dade County
U.S. Small Business Certification The federal government has a unique program that assists disadvantaged businesses
EPGD Law
October 30, 2015
La manera apropiada , para cerrar una LLC en Florida
A Florida limited liability company can dissolve in one of two ways: voluntarily or judicially.
EPGD Law
October 30, 2015
La bonne façon de liquider une LLC en Floride
A Florida limited liability company can dissolve in one of two ways: voluntarily or judicially.
EPGD Law
October 30, 2015
Cómo Disolver una corporación en Florida
“Dissolution” is the formal process by which a state-registered business entity, such as a corporation,
EPGD Law
October 30, 2015
Comment dissoudre une société en Floride
“Dissolution” is the formal process by which a state-registered business entity, such as a corporation,
EPGD Law
October 30, 2015
Real Estate Law
How to Appeal Property’s Market or Assessed Value with Value Adjustment Board (VAB)
Every year, property owners receive a Notice of Proposed Property Taxes from the Miami-Dade Property Appraiser, listing the total of Ad Valorem and non-Ad Valorem property taxes to be paid. These property taxes are based on the assessed value of the property, as determined by the Property Appraiser every January 1st.
Eric Gros-Dubois
September 8, 2015
Dissolution of a Florida LLC
How do I Dissolve a Florida LLC? “Dissolution” is the formal process by which a
EPGD Law
August 24, 2015
The Proper Way to Wind Up a Florida LLC
A Florida limited liability company can dissolve in one of two ways: voluntarily or judicially.
EPGD Law
May 27, 2015
Real Estate Law
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.
Eric Gros-Dubois
May 15, 2015
Short Term Residential Rental in Coral Gables and Miami
In this day and age, the Internet provides ordinary individuals with business opportunities that were
EPGD Law
April 19, 2015
Business Law
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:
Eric Gros-Dubois
April 14, 2015
Civil Litigation
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.
Eric Gros-Dubois
October 8, 2014
Taxes Dischargeable in Bankruptcy
Federal income taxes are the only taxes that can be discharged in bankruptcy proceedings, preferably
EPGD Law
October 6, 2014
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.
Eric Gros-Dubois
September 26, 2014
Employment Law
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.
Eric Gros-Dubois
September 2, 2014
How to Evict a Tenant?
Need to evict your tenant for nonpayment of rent? Whether you’re a landlord or a
EPGD Law
August 26, 2014
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.
Eric Gros-Dubois
March 14, 2014