Government
Does Florida Have Small Business Certifications?
Miami-Dade County Small Business Programs In addition to the Federal and Florida government certifications, small
Eric Gros-Dubois
May 8, 2020
Real Estate Law
Should You Use a S-Corporation or a LLC for Rental Properties?
After deciding whether to invest in rental properties, it is important to make an informed decision regarding the kind of business entity your company should become.
Eric Gros-Dubois
January 13, 2020
Business Litigation
How do you Serve Process on Corporations?
Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.
Oscar Gomez
January 6, 2020
Business Law
Florida Deceptive and Unfair Trade Practices Act
Courts have given some guidance on what constitutes deceptive and unfair trade practices by companies in Florida. A business engages in deceptive practices if the action is likely to mislead the consumer. On the other hand, a business participates in unfair practices if it acts contrary to public policy by behaving unethically or oppressively towards consumers or other businesses.
Oscar Gomez
January 3, 2020
Real Estate Law
What Can a Landlord do if a Tenant Leaves Behind Property?
One of the most tension fraught relationships is that of a landlord-tenant. Landlords are subject to a variety of laws including regulation of rent, termination, and eviction. One such law is the Disposition of Personal Property Landlord and Tenant Act, which prescribes rules by which landlords are allowed to dispose of tenant property which remains on the premises after a tenancy is terminated.
Eric Gros-Dubois
January 3, 2020
Estate Planning
What are the Consequences of not Having a Will?
What happens if you do not have a will or your will is not valid? In these cases, the state declares the individual to have died “intestate,” and your property follows a chain of succession to determine the owner.
Niuris Bezanilla
January 3, 2020
Estate Planning
Probate Assets vs. Non-Probate Assets
Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified. Probate can be a long and stressful process, especially after such a difficult time. Non-probate assets avoid this long, costly process and pass directly to a decedent’s heirs.
Niuris Bezanilla
December 31, 2019
Civil Litigation
What is a Florida Construction Lien? What are the Preliminary Concerns?
Most contractors, subcontractors, laborers, material-men, or professionals hired to improve, or make improvements to, a property which cost more than $2,500 can file a construction lien.
Eric Gros-Dubois
December 31, 2019
Employment Law
Can My Boss Fire Me for No Reason?
If you live in an at-will state, you can be fired for no reason at all. However, if you are wrongfully terminated, you may be able to sue.
Oscar Gomez
December 23, 2019
Business Law
Is My Cryptocurrency Protected?
There’s a number of ways an individual can protect their cryptocurrency, however, that doesn’t necessarily mean it will always be safe. The arising issue with digital exchange is the fact that it can be a popular target for hackers.
Eric Gros-Dubois
November 25, 2019
Civil Litigation
What is Defamation?
Defamation is a false statement about a person, portrayed as a fact, that is intended to harm the person’s reputation. All the elements of defamation must be present, meaning that mere gossip may not always be considered defamation.
Eric Gros-Dubois
November 21, 2019
Employment Law
Discrimination in the Workplace
Federal law recognizes certain characteristics of individuals as immutable and therefore, protected against discrimination. Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin.
Oscar Gomez
November 18, 2019
Uncategorized
What you Should Know About CBD Infused Products
In Florida, Governor Ron De Santis signed legislation that legalizes state-licensed hemp farming and sales in Florida. On the other hand, the federal government still considers CBD to be in the same class as marijuana.
Eric Gros-Dubois
November 14, 2019
Employment Law
Is it Legal to Record Employees without their Knowledge in Florida?
Do you expect to have a camera watching you while you work? In Florida, for the most part, employers are allowed to record their employees. However, certain exceptions apply.
Oscar Gomez
November 4, 2019
Employment Law
Can my Employer Force me to show them my Social Media Account?
It seems rather absurd that any employer would dive into their employee’s privacy rights in such a way, nevertheless, what they are doing is completely legal (in about half of the United States).
Eric Gros-Dubois
November 1, 2019
Estate Planning
Creating a Trust for your IRA
IRAs allow you to save for retirement with tax-free growth on a tax-free basis. You can also establish different sub-trusts within the IRA trust for the benefit of your beneficiaries, including your spouse. You can design each sub-trust to fit the unique needs of each beneficiary.
Niuris Bezanilla
October 15, 2019
Business Law
What are the Florida Bar Rules on Attorney Referral Fees?
Referral fees from attorney to attorney may be allowed when an attorney passes a case or a client to another attorney. The Florida Rules of Professional Responsibility do not authorize a lawyer to give anything of value to a non-lawyer in return for recommending that attorney’s legal services.
Eric Gros-Dubois
October 10, 2019
Real Estate Law
Everything You Should Know About Maryland Security Deposits
There are general landlord/tenant rules that can be modified differently in each state. Below is what you need to know about the laws in Maryland.
Eric Gros-Dubois
October 3, 2019
Business Litigation
What is Florida’s Uniform Trade Secrets Act?
Florida, among 48 states, has adopted its version of the Uniform Trade Secrets Act known as FUTSA. The purpose of the Act is to ultimately protect one’s intellectual property, ideas and certain types of confidential information.
Eric Gros-Dubois
September 18, 2019
Civil Litigation
What are the Penalties for Hiring an Unlicensed Contractor?
Sometimes people opt into hiring unlicensed contractors, which is a very bad idea. Unlicensed contractors may lead a person to pay penalties and possibly even jail time.
Eric Gros-Dubois
September 10, 2019
Employment Law
Discrimination in the Workplace
Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin. Moreover, other types of discrimination that are not particularly immutable, for example, pregnancy, disability, or marital status are also protected classes under both federal and state law.
Eric Gros-Dubois
August 26, 2019
Estate Planning
How to Avoid Probate
Preparing for what happens after one’s passing can be difficult. Most people do not like thinking of the reality that they are not going to be around one day. However, proper preparation allows you to have a say even after you pass.
Eric Gros-Dubois
August 21, 2019
Franchise Law
What is the Difference Between Franchise Agreements and Franchise Disclosure Documents?
Joining the world of franchising can be a little overwhelming at first. First, you should know the difference between the Franchise Agreement (“FA”) and the Franchise Disclosure Documents (“FDD”).
Eric Gros-Dubois
August 9, 2019
Business Law
Don’t Be Fooled – Your Accountant Can’t Create Companies
If your accountant or other consultant offers to perform any of these services, that is the unlicensed practice of law. You should seek the assistance of an attorney for such services.
Eric Gros-Dubois
August 5, 2019
Civil Litigation
When is there Medical Malpractice?
Medical malpractice can happen in all types of medicine and at any moment during treatment. Medical malpractice occurs when a patient is harmed by a doctor’s or other health care provider’s actions or negligence.
Eric Gros-Dubois
July 29, 2019
Tax Law
The IRS is looking to Use Social Media to Investigate Tax Fraud
Online sellers are notoriously known by the IRS as tax cheats. The IRS estimates that businesses across the United States pay $125 billion less in taxes each year than they actually owe. The IRS is on a mission to reduce that number.
Eric Gros-Dubois
July 23, 2019
Employment Law
What is Workers Compensation Insurance?
If an employer operates their business without purchasing workers compensation even though they are required by Florida Law, then there is a high probability that a penalty will be issued. In order to avoid the penalty, any Florida business operating with four or more employees must purchase workers’ compensation insurance, which in Florida will cost your business about $1.32 per $100 wages.
Eric Gros-Dubois
July 12, 2019
Intellectual Property Law
Online Trade Dress Infringement
Trade dress infringement claims are no longer solely about whether a producer is infringing upon the other because of the packaging or design of a product. Now trade dress infringement also encompasses whether an online user is infringing upon another user’s YouTube channel or blog by copying the name or the content.
Eric Gros-Dubois
June 27, 2019