Tag Archives: Florida business law attorney

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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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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What Florida Small Businesses Should Know About Bitcoin

Florida retailers and other small businesses are used to handling credit cards and other forms of online payments. Then there are so-called “virtual currencies” like Bitcoin. Many traditional retailers have started to accept Bitcoins as payment for goods and services. … Continue reading

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Who Is (and Is Not) an “Employee”?

Although small business owners may think of themselves as “self-employed,” they are not necessarily employees of their own business. The term “employee” is commonly used in federal and state laws governing businesses, including the Americans with Disabilities Act (ADA) and … Continue reading

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Florida Supreme Court Rules Pregnancy Discrimination Violates State Law

All Florida small business owners must be aware of their obligations under federal and state civil rights laws. It is against the law for any employer to discriminate against an employee (or potential employee) on the basis of sex, race, … Continue reading

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Florida Supreme Court Addresses Bilingualism and Arbitration Agreements

According to the U.S. Census Bureau, about one in five Florida residents speak Spanish. The percentage is even higher in South Florida, where the Census estimates upwards of 40% of the population speaks Spanish. Many South Floridians only have a … 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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Three Things to Consider When Selecting a Form for Your Small Business

One of the first major decisions a small business owner needs to make is selecting a legal form. Individuals may operate as sole proprietors, while two or more individuals can create a partnership. Both forms are relatively simply and generally … 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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Enforcing Employee “Non-Compete” Agreements In Florida

Florida law permits employment contracts that contain “non-compete” or similar restrictive covenants in order to protect the employer’s “legitimate business interests.” A non-compete agreement might, for example, restrict an employee from leaving and working for a direct competitor for a … Continue reading

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