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EPGD Law Blog

EPGD Law COVID
COVID-19
Silvino Diaz

Employment Standards During Covid-19

The OSHA wants to ensure certain safety measures in a working environment, yet, also want to make certain that an employee is asserting an issue or concern in good faith. If your employer fails to implement proper guidelines or does not take reasonable steps to safeguard your well-being, then the law offers you, as an employee, the right to refuse to come into your workplace, until the imminent fear is no longer apparent.

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EPGD Law Litigation
Business Litigation
Silvino Diaz

COVID-19: How to Conduct Remote Depositions

Covid-19 has forced many industries to adjust their business operations so that they can comply with the distancing needed. The legal industry is not unlike others, as they have put efforts to make all court hearings virtual or over the phone. One of the many procedures that have made this change is the taking of a witness’ depositions. It is important that even attorneys with years of experience take the following factors into consideration when conducting a virtual deposition.

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EPGD Law Bankruptcy
Bankruptcy
Eric Gros-Dubois

Are Credit Card Surcharges Legal in Florida?

Florida law currently prohibits a seller from imposing a surcharge on any buyer who elects to use a credit card. However, a federal Eleventh Circuit Court of Appeals case in 2015, decided on the merits that Florida law prohibiting a merchant from imposing surcharge fees was unconstitutional because it regulated commercial free-speech rights. Similarly, in a U.S Supreme Court case in 2017, the court struck down a New York law that did the same. As our state law continues to stand, federal case law has since overruled the prohibition of seller surcharges.

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EPGD Law Real Estate Law
Real Estate Law
Eric Gros-Dubois

Landlord Remedies in Florida: Distress Writs

A landlord in a commercial or residential landlord-tenant relationship may enforce remedial acts against a tenant and the leased premises, in the event of default or breach. Upon a landlord deciding to evict his or her tenant, a distress writ may be obtained to substantially protect the landlords needs. Among this remedial measure, a landlord has the ability to receive a distress writ issued by the Clerk of Court, which authorizes the landlord to essentially put a lien on the tenant’s assets at the rental premises when he or she owes rent.

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EPGD Law Fiduciary Duty
Trusts & Estates
Niuris Bezanilla

What Are Fiduciary Duties and Responsibilities of a Trustee?

Naming a trustee to administer your trust is an important decision that should be afforded thoughtful consideration. One should consider the proposed individual’s qualifications, ability, professionalism, and ethics. Equally important is the decision to accept appointment as trustee of another’s trust.  Oftentimes, a trusteeship is accepted without prior knowledge of the duties and responsibilities involved. 

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EPGD Law COVID
Bankruptcy
Silvino Diaz

Covid-19 Disaster Assistance Update

The measurements taken to prevent the spread of Covid-19 in the US have caused an economic downturn that is dramatically affecting our country’s small businesses. While Congress was able to enact the CARES Act to provide emergency financial aid to those applied for one of its programs; unfortunately, it has now been reported that funding for these programs has been exhausted. 

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EPGD Law Employment Law
COVID-19
Silvino Diaz

FLORIDA “REEMPLOYMENT ASSISTANCE”: Simple Answers to Common Questions Regarding Unemployment Claims and Benefits

Navigating the complex process of applying for reemployment assistance in the wake of an unexpected layoff is never a simple task.  That difficult process is made even more complicated during a crisis that creates mass unemployment, such as the one which we are currently experiencing as a result of the ongoing COVID-19 pandemic.  This guide is designed to answer some of the most commonly asked questions with regard to the Florida Reemployment Assistance program and to discuss changes in this area of law that have been made in light of the ongoing pandemic.

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EPGD Law Borrower's Representative
Bankruptcy
Eric Gros-Dubois

Who is a Borrower’s Representative?

Borrower’s Representative means an individual or an organization that is designated by the Borrower to act on behalf of the Borrower by a written certificate and complying with the requirements of the applicable state. The borrower’s representative always requires some written proof of authority before being able to act on behalf of the borrower.

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EPGD Law Business Law
Business Law
Silvino Diaz

How to Ensure you are Compliant with the PPP Loan

Over the past several weeks, thousands of businesses have applied for and (some) have received the Small Business Administration’s Paycheck Protection Program loan. An attractive condition of this loan is the potential it to be forgiven. However, the SBA has continued to issue guidance on how to remain eligible for forgiveness, and there are strict protocols that businesses must follow.

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EPGD Law Trademark
Business Law
Eric Gros-Dubois

How to Protect your Business Against Trademark Bullying?

Trademark bullying is the process of large worldwide famous companies aggressively asserting their trademark rights over smaller businesses. Even though it is a common practice in the trademark world for trademark owners to “police” the use of their trademarks in the market, sometimes big companies take this “policing” a step further, counting on the inability of small businesses to finance prolonged court litigation over their trademark rights.

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EPGD Law Estate Planning
Estate Planning
Niuris Bezanilla

HBO®’s “Succession” The Importance of Succession Planning as Part of Your Estate Plan

While the show is fictional, the reality is that succession planning is an important aspect of estate planning that should be fully integrated into your plan, especially for business owners.  A solid estate plan not only provides for the disposition of your assets upon your passing but also plans for someone to take your place (a successor) when you are no longer able to perform your responsibilities due to incapacity or death. 

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EPGD Law Miller Trust
Estate Planning
Niuris Bezanilla

What is a Miller Trust?

Miller Trust is a special kind of trust that adjusts the income of a person downward, usually in an effort to maintain the individual’s eligibility for some forms of government benefit programs. This type of trust is often used to establish eligibility for the Medicaid program.

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EPGD Law C Corp
Business Law
Aviv Asoulin

The Advantages and Disadvantages of C-Corporations

A C-Corporation is the typical corporate structure. However, any company—limited liability companies, partnerships, and sole proprietorship—can elect to be taxed as a C-Corporation. Electing to be treated as a C-Corporation is essentially deciding how your entity will be taxed.

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EPGD Law Intellectual Property Law
Intellectual Property Law
Silvino Diaz

How Does the EU Data Privacy Regulation Affect U.S. Businesses? (Part 1)

This regulation relates to both data privacy and data security. Data privacy is the right to control how information is collected and used; focusing on the use and governance of data. Data security, on the other hand, is focused on protecting data from, for example, attacks and exploitation of stolen data.

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EPGD Law Intellectual Property Law
Intellectual Property Law
Silvino Diaz

What is Important to Know About a Publishing Contract (Part 1)

The general trend in the publishing industry today is the growth in sales of ebooks and a decline in the print market. In 2018 it was observed that the bestseller lists have become dominated by mostly political works. Additionally, there is an ever-increasing boost in sales of works adopted for movies and TV series. 

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EPGD Law Homestead Exemption
Homestead Exemption
Eric Gros-Dubois

Can Foreign Non-Resident Investors Claim Florida Homestead Exemption?

The traditional rule is all individuals living in Florida with temporary visas may not be eligible to claim the Florida homestead exemption because their residency is based on a durational, temporary period. However, in 2012, the Florida Supreme Court put this constitutional issue before them in Garcia v. Andonie

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