Blog - Page 3 of 23 - EPGD Business Law

Litigation

What is the New Eleventh Circuit Ruling On Incentive Awards?

An incentive award is a monetary award typically given by the court to the named plaintiff in a class-action case. This is done to compensate the named plaintiff for all of his or her personal time and effort devoted to the case. The public policy behind incentive awards has always been to encourage individuals to take on the role of the named plaintiff in a case, to work closely with the class’s attorneys and other members of the class.

Oscar Gomez September 30, 2020

Estate Planning

Why The Need to Plan?

Estate planning attorneys often times run into situations where clients undermine the importance of having an estate plan. After the Tax Cuts and Jobs Acts (“TCJA”) was passed, the estate tax exemption nearly doubled to $11.18 million for single individuals and $22.36 million for those that are married. Due to the immense increase in the exemption, the market for secession planning has encountered a short decline. However, planning is necessary so that your best interests are adhered to in the event you’re unable to adhere to them yourself.

Niuris Bezanilla September 29, 2020

What is Copyright Cancellation?

Copyright cancellation is when the Copyright Office eliminates a copyright as the registration was invalid. There’s a number of reasons why the Copyright Office would find grounds for cancelling a registration. For example, the Copyright Office will cancel a completed registration in cases where no registration should have been made because the work does not constitute copyrightable subject matter or fails to satisfy the requirements for obtaining copyright.

Silvino Diaz September 29, 2020

Trusts & Estates

Do Non-Married Partners Have Inheritance Rights In Florida?

Long-term relationships and domestic partnerships are becoming more common in today’s society, which brings with it a host of legal issues, especially when it comes to estate planning and death. Unlike in a traditional marital relationship, when one of the partners becomes deceased, there are no marriage laws to protect the surviving partner when claiming the assets of their now deceased partner’s estate.

Niuris Bezanilla September 24, 2020

Litigation

What is the Florida Construction Defect Statute (FCDS)?

Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process.

Oscar Gomez September 22, 2020

trademark

Can Fictional Character Obtain Trademark Protection?

Yes, fictional characters can obtain trademark protections. In the realm of Trademark law, trademarks are

Silvino Diaz September 22, 2020

Can Fictional Characters Obtain Copyright Protection?

Yes, fictional characters have copyright protection. In copyright law, copyrights are awarded to literary and artistic works that are: (1) original works of authorship and are (2) fixed in a tangible medium of expression. Therefore, in order for a literary or artistic work to be eligible for copyright protection, it needs to be a product of the imagination of its author(s), rather than a copy of someone else’s work.

Silvino Diaz September 22, 2020

Trusts & Estates

Batalla del conservador de la princesa pop

Desde que se convirtió en un icono del pop adolescente a principios de la década del 2000, Britney Spears no ha sido ajena a la controversia y a los titulares de las revistas. Después de un colapso público en 2007, con la cabeza afeitada y atacando a los paparazzi, Britney comenzó una serie de estancias en centros de rehabilitación. Mientras Britney se centraba en su salud mental, su padre, Jamie Spears, fue nombrado por un tribunal para que examinara a Britney y sus finanzas, también conocido como tutela. Desde entonces, Britney ha mantenido un perfil bastante bajo. Sin embargo, recientes publicaciones en medios sociales y una serie de peticiones judiciales han vuelto a poner a Britney en los titulares. Específicamente, Britney ha solicitado a la corte que retire su tutela y los fans están llamando a “#freebritney” para que deje de estar bajo el control de su padre.

Niuris Bezanilla September 16, 2020

Contract

What is the Florida Construction Defect Statute (FCDS)?

Eric Gros-Dubois September 15, 2020

Trusts & Estates

Pop Princess Conservator Battle

From the time she became a teenage pop icon in the early 2000s, Britney Spears has been no stranger to controversy and magazine headlines. After a very public breakdown in 2007, complete with head shaving and attacking the paparazzi, Britney began a series of stints in rehab facilities. While Britney was focusing on her mental health, her father, Jamie Spears, was appointed by a court to look over Britney and her finances, also known as a conservatorship. Since then Britney has maintained a fairly low profile. However, recent social media posts and a series of court petitions have put Britney back in the headlines. Specifically, Britney has petitioned the court to remove her conservatorship and fans are calling to “#freebritney” from the control of her father.

Niuris Bezanilla September 15, 2020

Litigation

What is Suspension and Debarment Under the Federal Acquisition Regulation?

The Federal Acquisition Regulation (FAR) is the statute that prescribes the policies and procedures governing the debarment and suspension of contractors by federal government agencies. It provides that all federal contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action.

Silvino Diaz September 10, 2020

Government

What is the Federal Acquisition Regulation?

The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. It became effective in 1984 to govern the policies and procedures for contracts to sell goods or provide services to the federal government. It was created with the intention of having a comprehensive set of rules for agencies across the executive branch, but over time agencies have created supplements to the FAR, adding their own specifications.

Silvino Diaz September 10, 2020

Business Law

How Does Florida Regulate Payday Loans?

In Florida, there are various laws which prescribe limitations on payday loans. First and foremost, any company wishing to issue payday loans must be licensed. Notably, the additional restrictions under Florida law include limitations on the number of loans you can have outstanding per customer, the amount of the loan, the fees and costs that can be charged, and the collections process if a customer does not pay their loan back.

Silvino Diaz September 10, 2020

Litigation

Can I Join a Third Party Post-Judgment in Florida?

Once you’ve won your lawsuit and have a judgment against the defendant, you still have to go through the post-judgment process to collect on your award. Simply put, this entails a review of the defendant’s financials and assets to determine how the judgment will be paid. Some defendants try to avoid collection by transferring assets to another third party. How can this be remedied?

Silvino Diaz September 8, 2020

Business Law

How Do I Relocate My LLC to Another State?

The formal transfer of an LLC from one state to another is known as domestication. However, domestication is permitted only if both states allow for it. Domestication would be appropriate if you do no longer wish to conduct business in the original state of formation and would like to avoid dissolution and new company formation in the other jurisdiction. Many business owners choose to domesticate when they completely relocate to another state and wish to move their company with them.

Oscar Gomez September 1, 2020

Business Law

What are issues that might arise for a Florida Entrepreneur?

After a long thought process and extensive research, you have finally decided to put on your entrepreneurial hat and create your own side business. But in the scheme of all this excitement, you forgot to inquire about all the legal implications involved in creating a side business. In Florida, employees must often abide by several federal and state laws and regulations that can include restrictions about conflict of interests such as creating your own side business.

Eric Gros-Dubois September 1, 2020

Trusts & Estates

What is a Letter of Testamentary? Florida vs. New York

Upon a person’s passing, their estate is to be divided appropriately. When the late person has a valid will, the personal representative or executor of the estate will then come in to distribute the assets in accordance with the wishes stipulated in the will. Nevertheless, Florida courts specifically, will not allow the personal representative to distribute assets until he or she has been given a letter of testamentary by the court.

Niuris Bezanilla September 1, 2020

EPGD Law Special Purpose Acquisition Company

Business Law

What is a Special Purpose Acquisition Company?

A special purpose acquisition company “SPAC” is a publicly traded shell company that has been formed strictly for purposes of raising enough capital to purchase an existing company. Also referred to as a “blank-check company,” these development stage companies have no operations and purely rely on funding through an initial public offering “IPO”.

Oscar Gomez September 1, 2020

Litigation

What is Defamation Per Se in Florida?

One of the recurrent issues that Miami business lawyers deal with often involves clients suing for defamation, or vice versa, clients being sued for defamation. Defamation, by definition, is the action of damaging the good reputation of someone. It usually involves a false statement of fact that was published or spoken with fault, or in other words, as a result of negligence or malice.

Oscar Gomez August 19, 2020

Estate Planning

Why Everyone Should Have a Trust?

A trust is a legal agreement between the person who created the trust “settlor” and the trustee (the settlor as well), which is designed to hold assets for the beneficiary/ies of the trust. A trust can be a useful legal and financial mechanism to hold and distribute one’s assets after the death of the settlor, regardless of the amount of assets the settlor has. Below are a few of the reasons why trusts are a good idea for everyone.

Niuris Bezanilla August 19, 2020

Trusts & Estates

Grounds for Contesting a Will in Florida

At EPGD, we strive to communicate the importance of succession planning and are eager to spread knowledge on every aspect of having a valid will. More times than not, a will may potentially open itself up to an opportunity to be contested. This is known as a will contest, and Florida, among many other states, recognizes a number of grounds for contesting a will.

Niuris Bezanilla August 18, 2020

Contract

Can You Cancel Your Wedding During COVID-19?

The Wedding Industry is a 70+ billion-dollar industry. In light of COVID-19, the hospitality industry is suffering and facing uncertainty. Venues, vendors, and hotels are struggling to carry on or cancel the events. Meanwhile, engaged couples are unsure if their families will be able to travel safely or if there might be a way to host their events safely despite the circumstances.

Eric Gros-Dubois August 12, 2020

Franchise Law

What is the Franchise Disclosure Document?

The Franchise Disclosure Document (FDD) is a legal disclosure document which is provided to franchisee applicants interested in purchasing a franchise. The document is required by the Federal Trade Commission (FTC) and contains important information about the franchisor and the franchise system of which potential buyers should be aware prior to making the financial investment. It is intended to help prospective franchisees assess the potential risks and benefits involved in the relevant franchise.

Eric Gros-Dubois August 12, 2020

Estate Planning

What is Intestacy in Florida?

Having a written Last Will and Testament is an essential part of an estate plan. It reflects all of your wishes upon your death, including who the beneficiaries of your estate are and how they are to inherit from you upon your death. Without one, you can potentially face the risk of your assets being distributed contrary to your intentions under the default laws of the state of Florida.

Niuris Bezanilla August 12, 2020

Business Litigation

Can I Collect Attorney’s Fees Under Florida’s Deceptive and Unfair Trade Practices Act?

Unlike other countries, the American rule on attorneys’ fees is that each party must pay the costs of their attorneys. This means, if you’ve hired an expensive attorney to fight for you, you are obligated to pay his costs. Nonetheless, there are two exceptions to the American rule—the contract and statute exceptions. First, if a prior contract that was made between the parties had an attorneys’ fees clause, then the losing party is expected to pay the winning party’s attorneys’ fees. Lastly, a party is permitted to seek the payment of their attorneys’ fees under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). A Miami Business Law attorney can advise you if FDUTPA law applies.

Oscar Gomez August 11, 2020

security

I am a victim of an auto warranty scam: What can I do?

On a weekly or even daily basis, you might be receiving physical mail alerting you that your car warranty is about to expire. You may also be receiving calls telling you to renew your car’s warranty. You think it might be a scam, but can you be sure? A Florida Business Law attorney can help.

Silvino Diaz August 7, 2020

Civil Litigation

What is the difference between negligence and gross negligence?

When determining if someone has been negligent, it is important to distinguish between negligence and gross negligence. Certainly, they are similar, but are different in the degree of carelessness. A Florida Business Law attorney can help you spot the difference in your particular case.

Eric Gros-Dubois August 7, 2020

Trusts & Estates

What is a “No Contest” Clause and is it Enforceable?

The term “In Terrorem” is a legal Latin term that translates to “in terror”. Today, most lawyers prefer to use the term “no contest”. A “No Contest” clause in a will may be added by the Testator of the will.

Niuris Bezanilla August 7, 2020

EPGD Law Blog