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EPGD Law Blog

Tag: EPGD Blog
Business Litigation
Oscar Gomez

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.

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Business Law
Oscar Gomez

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.

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Real Estate Law
Eric Gros-Dubois

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.

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Estate Planning
Niuris Bezanilla

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.

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Estate Planning
Niuris Bezanilla

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.

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Business Law
Eric Gros-Dubois

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.

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Civil Litigation
Eric Gros-Dubois

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.

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Employment Law
Oscar Gomez

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.

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Uncategorized
Eric Gros-Dubois

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.

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Estate Planning
Niuris Bezanilla

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.

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Business Law
Eric Gros-Dubois

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.

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Business Litigation
Eric Gros-Dubois

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.

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Employment Law
Eric Gros-Dubois

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.

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Estate Planning
Eric Gros-Dubois

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. 

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Civil Litigation
Eric Gros-Dubois

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.

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Employment Law
Eric Gros-Dubois

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.

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Intellectual Property Law
Eric Gros-Dubois

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.

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