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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...

RECOVERING ATTORNEY’S FEES IN A LAWSUIT

Posted on August 20, 2020

Lawsuits are expensive. They can get even more expensive when one party is required to pay the attorney’s fees for the other side. The general rule, also called the “American rule,” is that each party pays their own attorney’s fees and costs regardless of which party wins. This “American rule” allows for...

CONTRACTORS BEWARE: PUBLIC ADJUSTING WITHOUT A LICENSE

Posted on July 13, 2020

Contractors, including disaster clean-up companies, are often the first people called to the scene when a major property damage event occurs. Some contractors are very experienced in handling repairs or restoration work which is related to an insurance claim. However, within the context of handling repairs that are the subject of an...

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EQUITABLE LIEN: AN ALTERNATIVE TO A CONSTRUCTION LIEN

Posted on July 13, 2020

Contractors sometimes have a hard time getting paid for construction work done at a home or other property. As a remedy, generally, a contractor can file a construction lien against the property until the debt by the property owner has been paid. You can find information on how and when a construction...

RETROACTIVITY OF NEWLY-ENACTED LAWS IN THE CONDOMINIUM CONTEXT

Posted on June 11, 2020

In Florida, Homeowners (HOA) and Condominium Owners (COA) Associations are governed by Chapters 718 and 720, Florida Statutes as well as their recorded declarations and other governing documents. From time to time, the Legislature will make amendments to Chapters 718 and 720, Florida Statutes. An important question arises...

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TRUTH ABOUT NON-COMPETE AGREEMENTS UNDER FLORIDA LAW

Posted on May 12, 2020

There is a lot of misinformation about non-compete agreements in Florida. The big questions typically stem from confusion about enforceability, time limits, scope, and exceptions. Overall, certain types of employees, as well as parties to the sale of a business, may enter into an agreement not to compete in the same...

Removing A Squatter From Your Florida Vacation Home

Posted on May 4, 2020

With its many seasonal residents, it is unfortunately common for property owners here in the Sunshine State to find someone living in their Florida vacation home. But what to do when that happens? Fortunately, Florida law offers some solutions to removing the squatter by either an Unlawful Detainer Action (Fla. Stat. 82)...

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Florida Governor Suspends Mortgage Foreclosures and Residential Evictions Due to COVID 19 Crisis

Posted on April 20, 2020

In February of 2020, Florida’s unemployment rate was 2.8% according to the Federal Reserve Economic Data and the U. S. Bureau of Labor Statistics. This was the lowest the State’s unemployment rate had been in over forty years. However, as the COVID 19 crisis and the associated shut-downs and slow-downs...

Coronavirus (COVID-19) and Evictions

Posted on April 3, 2020

The Coronavirus (COVID-19) has already had a devastating effect on the local Southwest Florida economy. Many folks in the service industry have been laid off or suffered from severe cuts to working hours and/or pay. Unfortunately, this shutting down of certain local businesses has come toward the end of the season, one...