Tag Archives: Florida business law lawyer

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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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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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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What Constitutes a “Serious Health Condition” Under the Family and Medical Leave Act?

In 1993, Congress adopted the Family and Medical Leave Act (FMLA). This law requires retailers and other businesses with 50 or more employees to grant certain employees up to 12 weeks of unpaid leave during a 12-month period in order … Continue reading

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Richie Incognito Case Demonstrates Importance of Workplace Anti-Bullying Policies

The Miami Dolphins are one of South Florida’s most high-profile employers, and they’re currently dealing with an employment dispute that’s made international headlines. For Florida retailers, it’s providing an important lesson in the boundaries of acceptable workplace conduct. On November … Continue reading

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