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EPGD Law Blog

Category: Business Litigation
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 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 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 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 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 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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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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CONTRACT SIGNED
Business Law
Aviv Asoulin

Are Electronic Signatures Valid for Binding a Contract?

The use of electronic signatures for a wide variety of legal documents has been a key component of the internet age, providing corporations and clients alike with a streamlined process for signing documents. However, while electronic signatures have become the predominant choice for most, there are still many questions that surround them. Namely among these concerns is whether or not they are legal in binding contracts.

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DOLLAR FALLING
Business Law
Eric Gros-Dubois

What to Do If My Client Owes Me Money?

If your client fails to make a payment, often times, you as a business owner are consequently left with an unpaid balance. This can result in repetitive and tedious attempts to collect the unpaid invoices and may impose a strain on your client relationship.

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Business Litigation
Oscar Gomez

How to Prevent an ADA Lawsuit

Many businesses have been concerned about ADA lawsuits and have sought methods to prevent them. While the measures are not particularly complex, they are essential to avoid the frustrations and expenses related to ADA lawsuits.

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EPGD Law Entertainment Law
Business Law
Silvino Diaz

How to Negotiate like a “Freelancer” (Part 1)

Negotiations arise in the face of a conflict of opposite interests; because if there was no conflict, there would be no need to make concessions. But just because there are converging interests does not mean that there must be conflict between those who represent them.

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Business Litigation
Eric Gros-Dubois

Are ADA Compliant Website Lawsuits a Scam?

There are no clear regulations defining website accessibility. Typically, courts conduct a flexible, case-by-case analysis, to ensure that the Act requirements are not unduly burdensome to businesses.

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Business Litigation
Eric Gros-Dubois

How can I Report an Amazon Vendor if I am a Seller or Buyer?

Recently, stories have surfaced about consumers purchasing expired goods, broken products, and even counterfeit items. Additionally, some sellers are losing business to other sellers who market these fraudulent or defective items. Whether you are an Amazon buyer or seller, here’s how you can protect yourself.

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Business Litigation
Eric Gros-Dubois

What Happens when you get Served?

Currently, there are two worlds operating at the same time and for some people they never overlap. I am talking about the legal world and the non-legal/real world. In the legal world courts are operating every day and most people are blissfully unaware of it. However, the legal world and the real-world intersect at the moment that individual walks up to you and says, “you’ve been served!”

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