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Beware of Civil Forfeiture

Posted on June 14, 2021

Civil forfeiture is when the government seizes property it claims is connected to illegal activity. It developed under British maritime law, where it was easier for the Crown to seize and prosecute a vessel, rather than its owner who may be across the ocean. Thus, civil...

Undisclosed Defect Claims in a Fast-Paced Real Estate Market

Posted on June 7, 2021

Buyer (and Seller) Beware... It goes without saying that the real estate market in Southwest Florida is on fire right now. We have heard story after story of houses selling before they are even listed on the market. In this extremely fast-paced market, we have seen many buyers and...

Chalk-drawn lightbulb on blackboard surrounded by crumpled paper.

What is a Trademark?

Posted on June 1, 2021

A brand identifier can be a name, a logo, a slogan, etc. The Nike “swoosh” and the Starbucks’ woman are both identifiers which identify those brands. Trademarks protect brand identifiers. Trademarks ensure that no one else can use your brand identifier. This helps prevent third-party brand tarnishment, confusion, or dilution, which...

Hands reviewing house plans with a red pen on a table.

Relying On Representations Of Others Who Go Back On Their Word

Posted on May 13, 2021

Florida property owners often have to receive approval from associations and/or government agencies for changes to their property ranging from landscaping to major construction projects. What is a property owner to do when the association or agency giving the approval changes their position and revokes the initial approval? The answer...

The Importance of The Fifth Amendment

Posted on May 3, 2021

Protection for the individual citizen against State Power was a core consideration of the Founding Fathers. Many people don’t realize it, but half the amendments of the Bill of Rights focus on protections for criminal defendants—it’s like a miniature code of criminal procedure. The 5th

Motions to Dismiss in the Criminal Context

Posted on April 12, 2021

The two core principles of American criminal jurisprudence—proof beyond a reasonable doubt, and the burden of proof belonging to the accuser—have allowed countless of the wrongly accused to prevail at trial. But pursuing a case all the way to trial can be daunting, expensive and time-consuming. How can a defendant go on...

Protecting Yourself From Contractor Nonpayment in Florida

Posted on April 5, 2021

If you’re a Florida property owner preparing for a major construction or renovation project, there’s a crucial issue you can’t afford to overlook: What happens if your contractor doesn’t pay subcontractors, laborers, or suppliers? Unfortunately, under Florida law, you could still be held responsible for amounts owed to these...

A Special Announcement!

Posted on March 30, 2021

Boatman Ricci is pleased to announce the opening of its Tallahassee office! Boatman Ricci is a full service law firm that provides skilled legal services to a broad range of clients across the state of Florida. Though Boatman Ricci originally built its reputation as a premier civil litigation firm in Florida, the...

Intellectual Property Basics

Posted on March 19, 2021

“Intellectual property” covers a wide array of different protections for intangible property. These different protections are based upon which type of intangible intellectual property you seek to protect. Intellectual property can be divided into three main areas: patents, copyrights, and trademarks. On the margins, some people also group trade secrets and the rights of privacy/publicity into

5 BASIC QUESTIONS ABOUT COPYRIGHT LAW, ANSWERED

Posted on September 10, 2020

What is a copyright? A copyright is a form of protection granted by the United States federal government which applies to an original work of authorship fixed in a tangible medium of expression. 17 USC 102(a). For something to be protected by...