Author Archives: John S. Sarrett

Radio Shack’s Decline Highlights Use of Bankruptcy in Reorganizing a Business

Retail is a risky business, even during the best of economic times. But, in the present climate, even large, well-established retailers are struggling to survive. Consider the case of Radio Shack, the 94-year-old electronics retailer, which filed for bankruptcy on February … Continue reading

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Are Women’s Boots a Form of Intellectual Property?

You might think copyright is something you only have to worry about if you are in the publishing or media industry. But copyright can affect retail businesses as well. A recent decision by a federal appeals court illustrates the potential … Continue reading

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Adherence to the Uniform Commercial Code

All Florida retailers should be aware of the Uniform Commercial Code (UCC). The UCC is a model law adopted by the legislatures of all 50 states and is designed to harmonize the rules governing certain commercial transactions. Where applicable, the … Continue reading

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The Importance of Enforcing Your Trademarks and Service Marks

For Florida retailers, trademarks and service marks are essential business assets. These marks help identify a business and establish its brand and reputation within the community. Once you properly establish and register a mark, you have the legal right to … Continue reading

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U.S. Supreme Court Says Post-Shift Screenings Are Not “Work”

As an employer, do you have to pay employees for time spent performing non-work tasks? The United States Supreme Court recently addressed this question. The Court rejected a challenge from a group of hourly warehouse employees who argued federal law … Continue reading

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Understanding the Fiduciary Duties of Consignment Shops

Many Florida retailers sell goods on consignment. Florida law defines consignment as “accepting for sale…secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.” Under … Continue reading

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Junk Faxes May Prove Costly for Florida Dental Practice

Marketing is an essential activity for any small business. But it is important to make sure your efforts to promote the business do not land you in legal hot water. Many marketing activities are regulated by Florida and the federal … Continue reading

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Do I Need to Collect Sales Tax on Delivery Fees?

All Florida retailers need to be aware of their legal duty to collect state and local sales tax. The State of Florida imposes a general sales tax rate of six-percent. Individual counties within the state may assess their own discretionary … Continue reading

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Why “Patented” Is Not a Word to Use Casually in Retail Marketing

Many Florida retailers use puffery in their advertising to highlight the unique qualities of their products. Much of this is perfectly legal and harmless, but retailers must always stay aware of legal restrictions on certain words, phrases, and terms. One … Continue reading

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Supreme Court May Address Religious Discrimination by Retailers

Many Florida retailers require employees to abide by a dress code. But such dress codes may conflict with federal law, which protects the religious rights of employees. An employer may not refuse a “reasonable accommodation” of an employee’s religious belief … Continue reading

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