Importance of a Trademark Search

Almost any successful business with a recognizable brand has federal protection behind one or more trademarks, which is a word, phrase, symbol, or design that identifies the source of any particular product. While the owners of trademarks have limited rights without federally registering their marks, protections are enhanced with federal registration. Before you file a federal trademark application, though, it’s well Read More

Responding To Office Actions: Dos & Don’ts For Trademarks

When you submit an application for a trademark to the United States Patent & Trademark Office (USPTO), there is always a possibility of receiving an “office action.” An office action is an official communication from the attorney examining your application which notifies you that there is a problem with your application. In other words, it is a notification that, in order for your trademark application to be Read More

Do’s and Don’ts of Operating Your C-Corp

All corporations are not classified as equal. When it comes to filing taxes, knowing what you can classify your business as is an important first step. A C corporation is a corporation that is taxed separately from its owners. This generally includes all for-profit corporations. An S corporation, however, does not pay income tax, but its shareholders do. These distinctions are only for filing taxes. If a small Read More

What Are Arbitration Agreements?

When going over partnership documents, there are many things to consider. Partnership documents are anything that define your working partnership with another party, including shareholder agreements and operating agreements. One section of these documents that can be skimmed over without thinking is the arbitration agreement. However, this section is vitally important. Arbitration is a process where a third party Read More

FLSA: Exempt vs. Non-Exempt Employees

The Fair Labor Standards Act (FLSA) is a complex, multifaceted law. Contained within this law are many complex concepts, rules and terminology. Although mastering this law is a daunting task, doing so can be extremely rewarding, because this law offers many protections and benefits for workers. One of the key concepts within the FLSA is the concept of an “exempt” worker. In this post, we will go over the idea of Read More

Employer Defense Against COVID-19 Related Lawsuits

The spread of the COVID-19 virus has brought about a whole range of significant consequences for our society. Throughout the State of Florida and the rest of the country, we’ve seen substantial damage to the economy, and large numbers of people lose their lives as a result of the virus. As we grieve for all the suffering which has been wrought by the pandemic, we also have to take the necessary steps to ensure that Read More

DOL Investigation: How to Reply to a Department Of Labor Complaint

A visit from a Department of Labor investigator can inspire a range of emotions, including anxiety, nervous anticipation, and even fear. Recently, we’ve discussed some of the issues related to the Fair Labor Standards Act (FLSA). The Department of Labor (DOL) is the organization in charge of monitoring compliance with the FLSA, among other labor laws. So, if you do receive a visit from a DOL investigator, you have Read More

Piercing the Corporate Veil: Corporate Formalities

It if weren’t for limited liability that shareholders of a corporation enjoy, not many people would be willing to engage in multimillion (and multibillion) business transactions. Fortunately for shareholders, LLC members, and partners in a limited liability partnership, having ownership of certain types of businesses allows for limited personal financial liability when it comes to business debts. In other words, Read More

How to Reply to an EEOC Complaint

Here in the State of Florida, and elsewhere throughout the country, employees and job applicants are protected from various forms of discrimination. Employees are also protected from retaliation by employers when they engage in certain types of behavior related to these protections. If you’re a business owner in Florida and an employee or job applicant thinks that his or her rights have been violated, you may receive Read More

Non-Circumvention Agreements — Are They Worth It?

A common type of restrictive covenant used in the business world is what’s referred to as a “non-circumvention agreement.” This agreement shares some characteristics with non-compete and non-disclosure agreements but, as we’ll discuss below, it serves a distinct purpose for business owners who want to ensure they are compensated for business opportunities they present to other companies.  How Does a Read More

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