Category Archives: Uncategorized

The Importance of Defining “Premises” in a Commercial Lease

Commercial leases spell out the mutual duties and responsibilities of landlords and tenants. A common feature of most commercial leases is language that indemnifies each party from potential legal liability. Commercial leases must also define the exact areas under the … Continue reading

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Three Lessons for Small Businesses from the Miami Dolphins Bullying Report

On February 14, New York attorney Ted Wells issued a 148-page report on “issues of workplace conduct at the Miami Dolphins.” The National Football League retained Wells to investigate workplace bullying allegations made last November by Dolphins player Jonathan Martin. Wells concluded, … Continue reading

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Federal Appeals Court Rejects Copyright on Retail Lighting Designs

Florida retailers need to be mindful of how intellectual property affects their business. Intellectual property encompasses trademarks—the brand names used to identify retailers and merchandise—as well as patents and copyrights. You might think copyrights are only an issue when dealing … Continue reading

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Woman Injured in Bar Brawl Wins New Trial Against Restaurant Owner

According to the Florida Supreme Court, a bar or restaurant owner must make a “reasonable effort to maintain order among his patrons, employees, or those who come upon the premises.” The owner may be liable for any on-premises injuries suffered … Continue reading

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Florida Appeals Court Upholds $800,000 Award to Miami Deli Destroyed by Landlord Negligence

Commercial leasing is a critical issue for Florida retailers. When commercial landlords fail to fulfill their obligations under a lease, the leasing business may lose thousands of dollars in sales or even go out of business. That’s why it’s always … Continue reading

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The Importance of Business Succession Planning

Milton Grant faced a problem that may sound familiar to many small business owners (and parents). Grant owned and operated a chain of television stations in the Southeast through Grant Communications, Inc., a Fort Lauderdale-based corporation. Grant wanted his son, … Continue reading

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Understanding an Employer’s Duties Under the Americans with Disabilities Act

The Americans with Disabilities Act requires employers to make “reasonable accommodations” for employees with certain recognized physical and mental disabilities. It is unlawful for an employer to discriminate against an employee based on his or her disability. This extends to … Continue reading

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Can a Business Owner Refuse to Cover Employee Contraceptives on Religious Grounds?

The implementation of federal health care reform under the Patient Protection and Affordable Care Act (ACA) continues to generate controversy among business owners, religious groups and the courts. In late March a federal judge dismissed a complaint brought by Naples-based … Continue reading

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Florida Supreme Court Affirms “Draconian” Penalties for Unlicensed Contractors

More than two dozen types of businesses, everything from construction firms to talent agencies, require a license from the Florida Department of Business and Professional Regulation. Not only is it a crime to operate in a regulated industry or profession … Continue reading

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Local Tax Receipts and Your Florida Business

Setting up your business involves many legal decisions. First there’s the question of what legal form you want to use: sole proprietorship, LLC or corporation? Next you must determine whether the type of business you plan to operate requires a … Continue reading

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