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EPGD Law Blog

EPGD Law Business Law
Contract
Eric Gros-Dubois

Why Are Employment Contracts So Important?

An employment contract is an agreement between two parties – an employee and an employer, that involves terms and conditions of employment. Some employment contracts may be oral, whereas others are written and contain many descriptive provisions. Oral employment contracts are enforceable but could be much more difficult to prove in court.

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EPGD Law COVID
COVID-19
Silvino Diaz

How your Company can Minimize Liability During COVID-19

Businesses can have customers sign a Release from Liability Waiver, however, this cannot replace the requirement of maintaining a safe workplace. Businesses need to make sure they are in compliance with government agencies (CDC and OSHA), state, and local guidelines. Demonstrating that the business is following the published guidelines from these authorities is the best evidence an employer can provide to show they are reasonably reacting to COVID-19 risks.

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EPGD Law COVID
Business Law
Eric Gros-Dubois

Substantial Presence Test During COVID-19

During the coronavirus pandemic, many foreign nationals have been left unable to leave the United States and have, therefore, been involuntarily stranded in the country for longer than they anticipated. Does this extended presence in the United States carry with it any tax implications for these foreign nationals? 

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EPGD Law Holographic Will
Estate Planning
Niuris Bezanilla

What is a Holographic Will?

A holographic will is a will that has been written by hand by the person that is establishing the will, legally known as a testator. A holographic will is different from a standard will because it is typically neither notarized nor signed by two witnesses and handwritten.  

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EPGD Law Transactional
Transactional
Eric Gros-Dubois

What is the Doctrine of Frustration in Contract Law?

Frustration of purpose is a doctrine in contract law that provides a defense to the enforcement of a contract. The doctrine of frustration is usually invoked when either party has been substantially inconvenienced by an unforeseeable event, whereby that inconvenience has caused the contract to become impossible to perform or has undermined the initial justification of entering into the contract in the first place.

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EPGD Law Tax Law
Tax Law
Eric Gros-Dubois

Who Does the SEC Oversee?

The Securities and Exchange Commission (“SEC”) is an independent government agency created to regulate corporate securities while maintaining fair market practices. The SEC is commanded by a five-member commission who act cooperatively to enforce the rules and regulations that make up the securities market.  Their authority is derived from the Securities Act of 1933 and the Securities Exchange Act of 1934.

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EPGD Law SEC
Tax Law
Eric Gros-Dubois

What is the Purpose of the SEC?

The U.S. Securities and Exchange Commission is a governmental agency that serves the purpose of protecting investors from fraud and maintaining fairness and efficiency of the U.S. market. One of the main goals of the SEC is to mandate disclosures about all kinds of investments to both small and big businesses.

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EPGD Law HIPAA
Employment Law
Eric Gros-Dubois

What Is HIPAA?

The HIPAA stands for The Health Insurance Portability and Accountability Act. This federal Act protects the privacy of patient information from third parties. Therefore, most healthcare providers such as healthcare insurance companies, hospitals, etc. can only disclose patient information in cases when the HIPAA allows the disclosure. Under the HIPAA, apart from disclosing the patient’s information for treatment purposes, only “the minimum necessary to accomplish the purpose of the disclosure” can be revealed.

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EPGD Law Estate Planning
Trusts & Estates
Niuris Bezanilla

How do I Donate my Organs as part of my Estate Plan?

When preparing your estate plan, not only can you provide directives as to the administration of your estate, but you can also give instructions as to what will happen to your body after you pass away. Providing such instructions yourself would save your family from conflict over what should be done with your body and how you would have wanted to be buried. 

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EPGD Law COVID
COVID-19
Eric Gros-Dubois

Rehiring Furloughed Employees Post-Covid-19

A furlough is a temporary, unpaid leave of absence, with an expectation that an employee will return to his or her job at a specific time. A furlough could also include reduced hours of work or work weeks. Ultimately, a furloughed employee remains an employee.

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EPGD Law Class Action
Business Litigation
Eric Gros-Dubois

Securities Class Action Lawsuits

A securities class action lawsuit is filed by investors who have bought or sold a company’s publicly traded securities within a class period and have suffered economic injury as a result of violations of securities laws.

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EPGD Law Adult Exploitation
Family Law
Niuris Bezanilla

Adult Protective Services in Florida

The Adult Protective Services in Florida are part of the Florida Department of Children and Families. You can report adult exploitation online at https://reportabuse.dcf.state.fl.us/ or by calling their hotline at 1-800-962-2873.

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EPGD Law Accredited Investors
Business Law
Eric Gros-Dubois

What are Accredited Investors and what is a Private Placement Memorandum?

The reason for such disclosures is to protect the company in the event things fall apart and the investors try to sue the company for securities fraud for example. Such disclosures will be used as the company’s defense. One of the best ways to provide such disclosures is through a document called a Private Placement Memorandum (aka PPM).

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EPGD Law Class Action
Business Law
Eric Gros-Dubois

Consumer Class Action Lawsuits

In a class action lawsuit, only one lawsuit is filed on behalf of an entire group of injured parties. Very often, for example, such lawsuits unite many individuals and go after a large company that has produced defective products that have causes injury or loss to every individual member of the class action lawsuit. The settlement that such a lawsuit results in is typically divided between all of the individual plaintiffs.

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EPGD Law Business Dispute
Business Law
Eric Gros-Dubois

Enforcement Against a Personal Guarantor (Part 1)

A personal guarantee is an individual or business entity that guarantees responsibility for another’s financial obligation, should they ever fail to repay their lender. Personal guarantee’s usually come in when securing a debt for a loan such as a car finance or mortgage, but the guarantor is not contractually liable for any part of the loan unless the debtor fails to make a payment.

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EPGD Law Business Dispute
Business Law
Eric Gros-Dubois

Enforcement Against a Personal Guarantor (Part 2)

If a personal guarantor does not respond to the lender’s demand, the lender has two options to choose from in order to collect the debt. First, the lender can file suit against the personal guarantor and second – he can petition a court for the personal guarantor’s bankruptcy. 

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EPGD Law COVID
COVID-19
Silvino Diaz

What are Business Interruption Claims?

Business Interruption Insurance Coverage is triggered when a disaster causes a suspension or reduction in business operations. This insurance is intended to restore the insured back to the position it would have been in had operations continued as expected, by covering the expenses and income loss incurred.

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EPGD Law Privacy Law
Privacy Law
Eric Gros-Dubois

Can you Delete a Photo of You From the Internet?

Deleting all the information about yourself on the Internet can be a long and tedious task. This would in large depend on the level of popularity the person wanting to erase himself online enjoys as well as his level of activity on the Internet.

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EPGD Law Private Adjudication
Business Litigation
Oscar Gomez

What is Private Adjudication in Florida?

Private adjudication provides the parties in a civil lawsuit two alternatives to court: (1) voluntary trial resolution (VTR) or (2) voluntary binding arbitration. These alternatives grant the parties of a lawsuit a path that avoids the traditional court litigation route.

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