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EPGD Law Blog

EPGD Law Franchise
Franchise Law
Eric Gros-Dubois

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.

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EPGD Law Estate Planning
Estate Planning
Niuris Bezanilla

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.

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EPGD Law Business Litigation
Business Litigation
Oscar Gomez

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.

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EPGD Law Security
security
Silvino Diaz

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.

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EPGD Law Civil Litigation
Civil Litigation
Eric Gros-Dubois

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.

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EPGD Usury Laws
Business Law
Eric Gros-Dubois

Usury Laws: Maryland vs. Florida

Creditors often times procure loan agreements with outrageous amounts of interest so that they can ultimately take advantage of those individuals who are in need of funds. More often than not, the individual becomes indebted to the creditor for far more than the amount they agreed upon initially. These high interest rates are known as usury and are both a civil and criminal offense.

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EPGD Law Medicaid
Estate Planning
Eric Gros-Dubois

Basic Medicaid Eligibility in Florida

In order to be eligible for Medicaid in Florida, the applicant must meet the basic eligibility requirements, the medical requirements, the asset requirements as well as income requirements.

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EPGD Law Homestead Property
Property Law
Eric Gros-Dubois

How to Foreclose on Homestead and Non-Homestead Properties?

In Florida, the homestead exemption does not have a property value limit. Having a homestead in Florida conveys numerous tax benefits on their owners. Therefore, many move to Florida from other states in order to receive those tax benefits as well as to protect their homestead property from forced sales.

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EPGD Law Foreign Reporting
Foreign Reporting
Eric Gros-Dubois

What to Know if you Want to Invest in U.S. Real Estate as a Foreigner?

The simple answer is yes. Anyone can buy property in the United States. However, foreigners are best suited to buy U.S. property with one-time payment instead of financing it. This is because if a foreigner wants to get a U.S. mortgage or a loan – it is often nearly impossible to get approved due to the lack of U.S. credit history.

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EPGD Law LLC
Business Law
Eric Gros-Dubois

How Does Asset Protection Work in an LLC?

A limited liability company offers limited liability asset protection. This type of asset protection means that the liability is limited to whatever assets the owner has invested in the LLC, essentially, only all business assets. These business assets can include, but are not limited to, initial, investment, or retained earnings.

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EPGD Law Civil Litigation
Civil Litigation
Oscar Gomez

What Happens to a Civil Lawsuit if a Party Dies?

If a party to a civil lawsuit passes away, the court will typically put the lawsuit on hold, instead of terminating it. This is done temporarily and with the purpose of giving the probate court time to appoint a personal representative for the estate of the deceased party. Through the personal representative, the heir or heirs of the deceased can continue the lawsuit.

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EPGD Law Cybersecurity
security
Silvino Diaz

What we can learn from the July 2020 Twitter hacks

On July 15, 2020, several political, corporate, and cultural leaders had their Twitter accounts hacked. Although still under investigation, it is believed that a group of young people, not sophisticated hackers, carried out the breach in an attempted Bitcoin scam. 

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EPGD Law Property Law
Business Litigation
Oscar Gomez

How to meet the direct physical loss requirement to obtain property insurance coverage in the age of COVID-19?

As the country enters yet another month of economic uncertainty with regards to the coronavirus pandemic, a great deal of business interruption cases have surfaced. Companies throughout the United States, including many in Miami, Florida, are seeking coverage for their immense losses throughout this pandemic, specifically claiming direct physical damage to substantiate their business income coverage claims.

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EPGD Law Employment Law
Employment Law
Eric Gros-Dubois

What can I do if my employee is not taking sufficient efforts to be re-tested after having Coronavirus?

Five months into the Coronavirus pandemic, it is unfortunately common for one of your employees to test positive for the virus. What do you do? You give them time to recover at home, ensure that they sufficiently isolate themselves, and then request 2 negative test results in accordance with CDC guidelines. Eventually, it will be time for your employee to return to the office—but what do you do if they refuse to be tested?

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EPGD Law Entertainment Law
Entertainment Law
Eric Gros-Dubois

Why is Lady Antebellum Suing Lady A?

Country group, Lady A, formerly known as Lady Antebellum, has filed suit against Seattle blues singer Anita White, also known as Lady A. The feud started when Lady Antebellum decided to change their stage name to Lady A, because of the term Antebellum and its ties to slavery periods.

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EPGD Law Franchise Law
Franchise Law
Eric Gros-Dubois

Enforcement of Arbitration Clauses in Franchise Agreements

Arbitration is a proceeding that takes place outside of the court room. It essentially allows both the franchisor and franchisee the ability to take their legal disputes to an arbitrator who will, after hearing all the facts and evidence presented by both sides, come to a decision that is binding and enforceable by the courts.

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EPGD Law Business Law
Business Law
Oscar Gomez

Can a Foreigner Own an S-Corporation?

A non-resident alien cannot own a S-corporation. Only U.S. citizens and permanent residents can. If a foreigner becomes a shareholder in an S-Corporation, it will lose its S-corporation status.

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EPGD Law Family Law
Family Law
Oscar Gomez

Common Law Marriage in Florida

The concept of common law marriage originated in English common law. It typically involves a cohabiting couple enjoying the same or nearly the same rights as a legally married couple. Today, only a minority of states recognize common law marriages in the United States. 

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EPGD Law Cybersecurity
security
Silvino Diaz

Cybersecurity Defensive Measures in the Age of Work from Home

Massive security breaches occur every day—not even the most prominent politicians and businessmen are immune. On July 15, Twitter discovered fake tweets coming from Barack Obama, Joe Biden, Mike Bloomberg, Jeff Bezos, Bill Gates, and Elon Musk’s accounts. Kanye West and Kim Kardashian West were also subject to the hack.

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EPGD Law Civil Litigation
Civil Litigation
Eric Gros-Dubois

Unilateral Attorney’s Fees in Florida

In most contracts, there is a provision for attorney’s fees, sometimes called a prevailing party clause. This provision states that if legal action must be taken to enforce the contract, the prevailing party will get its attorney’s fees and costs paid by the losing party. Under Florida law, attorney’s fees are contractual or statutory, meaning that this provision must be included in contracts or statutes to be enforced. Because of this, it is important to include an attorney’s fees clause in any contract in Florida.

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