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Author: Elf

  • What kinds of IP licensing agreements are utilized?

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    What type of IP licensing agreements are used? Trademarks are used for branding of products and services like names and logos that distinguish products produced by one company from another, and distinguishing service providers. Patents are used for technology (designs, goods and processes) inventions and discoveries. Copyright provides protection to authors of “original work of…

  • What are the benefits for Licensee?

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    An IP license may provide Licensee with the ability to get its products or services to a market in less time, a reduction in costs and access to expertise, collaboration and the opportunity to minimize capital investment, generating revenue.

  • What is a Licensing Agreement?

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    An intellectual property or IP licensing agreement is between an IP rights owner (licensor) and person or company that is authorized to use the rights (licensee) in exchange for a fee or a royalty. The two parties negotiate and agree on the terms and conditions. IP license covers patents, copyrights and trademarks. It also extends…

  • Do I need legal counsel?

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    No matter how common or simple your business might be, you should seek a legal counsel because ignorantia juris non excusat (ignorance of a law is no excuse) both in regards to state and federal law. Whether you are starting new business venture or negotiations, or your existing contract agreement has been violated, a help…

  • What to do if there is a breach of contract?

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    – Double check your facts. Re-read carefully your contract. Mark items that have been breached. – Contact the offending party. Try to resolve the dispute directly with them. – If it does not work, seek legal counsel.

  • What is due diligence?

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    Definition of due diligence: 1. law : the care that a reasonable person exercises to avoid harm to other persons or their property failed to exercise due diligence in trying to prevent the accident 2. business : research and analysis of a company or organization done in preparation for a business transaction (such as a…

  • Florida Medicaid Providers Required to Pay a Minimum Wage of $15 by October 2022

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    – The Florida governor signed the Freedom First budget on June 2, 2022, providing over $600 million in funding to increase the minimum wage for employees of Medicaid providers to at least $15 an hour. – Medicaid providers reimbursed under fee-for-service schedules are required to pay covered employees at least $15 per hour. – Nursing…

  • Florida Law Chapter 558: What’s Changing?

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    – The proposed legislative changes to Florida Statute Chapter 558 include specific information to be included in the notice of claim, frivolous claims, sanctions, and the exchange of documents. – The notice of claim under Section 558.004 must sufficiently identify the specific location and factual basis for each alleged defect, as well as identify the…

  • “Can the Government Take Down Signs and Billboards in Florida?”

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    – The Highway Beautification Act of 1965 allows the federal government and states to control and restrict the construction of new billboards along interstates. – Florida has its own laws to limit new billboard construction and protect the rights of existing billboard owners. – If a statutory limitation terminates vested rights to a pre-existing billboard,…

  • Understanding Florida’s Sunshine Law: Does it Affect Your Organization?

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    – The Corporate Transparency Act requires certain companies to disclose their beneficial owners to the Financial Crimes Enforcement Network. – Ally Law has expanded its presence in Egypt and Paraguay, increasing its global reach and capabilities. – The Corporate Transparency Act Blog Series discusses additional considerations for compliance with the Act, providing valuable insights for…

  • Common Problems for Renters: Wilkes & Mee

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    1. Be cautious when screening potential tenants and conduct thorough background checks to ensure they are reliable. 2. Ensure all lease agreements are legally sound and clearly outline the responsibilities of both the landlord and tenant. 3. Regularly inspect the property to identify any maintenance or safety issues that need to be addressed. 4. Promptly…

  • Florida Lawmakers Propose Ban on Doctor Contracts that Limit Job Options

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    – Florida Legislature is considering two bills that may significantly reduce or eliminate the enforceability of noncompete agreements against physicians in the state. – Currently, noncompete agreements are enforceable in Florida under certain conditions, but the proposed bills could change this. – If the bills are enacted, all physician noncompete agreements, existing and future, may…

  • Getting a Mortgage in Florida: What You Need to Know

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    – The Florida definition of a mortgage includes any written instrument securing the payment of money, and the word “debt” includes promissory notes, bonds, and other written obligations for the payment of money. – A valid mortgage in Florida should identify the encumbered real property, reference the debt, be executed, delivered, accepted, and acknowledged by…

  • Understanding the Florida Building Code: Expert Testimony Explained

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    – The Florida Building Code is a set of documents that apply to the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities. – The Florida Building Code is adopted into the Florida Administrative Code and is authorized by the Florida Building Codes Act. – Expert testimony regarding…

  • “Florida’s New Rules for LLCs: Filing Statements of Authority Explained”

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    – The Revised Limited Liability Company Act in Florida, which takes effect in 2014 and 2015, brings some significant changes to how LLCs operate. – LLCs can now file a statement of authority with the Florida Secretary of State to inform the public about who has the authority to bind the company in contractual relationships.…

  • “Tips for Keeping Your Small Business Safe Online”

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    – Customers prefer fast and efficient service – Employees are more productive in well-lit and ventilated workspaces – Flexible work hours result in higher job satisfaction – Florida ranks third highest for complaints received by the FBI and fourth in terms of money lost due to cybercrime. – Compromised business and personal email resulted in…

  • Paying Off Your Mortgage: What You Need to Know

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    – When a borrower pays off a mortgage or deed of trust, the lender must record a notice that it no longer holds a security interest in the property. – The laws governing these notifications vary from state to state and must be consulted individually for details. – The notice must be in written form…

  • Supreme Court Narrows Scope of Lanham Act Outside US

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    1. The Supreme Court ruled that the Lanham Act does not allow for recovery of damages for non-domestic sales, limiting its extraterritorial reach. 2. The decision came from a trademark dispute between a U.S. company and six foreign parties. 3. The ruling will make it more difficult for U.S. businesses to block infringing activity, especially…

  • Conservation Easements: What High School Students Need to Know

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    1. Conservation easements are a mechanism to restrict development on a property and are permanent in nature. 2. Landowners may be eligible for federal income tax deductions by placing a conservation easement on their property. 3. Conservation easements prohibit activities that undermine the conservation attributes of the protected land. 4. Rights reserved by grantors typically…

  • Should You Appeal or Defend a Court Decision: A Guide from Smith Legacy Law

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    1. Dolly Parton is well-known for her philanthropy and has valuable lessons to teach about giving back to the community. 2. After winning a money judgment in court, individuals still need to take steps to actually receive the funds they are owed. 3. Non-citizens in the U.S. may not receive all the same tax benefits…

  • Understanding Florida Building Code Violations and Claims

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    – The Florida Building Code is meant to protect the public’s health, safety, and welfare by setting minimum construction requirements. – Violations of the Code can lead to private legal action and fines for licensees, with potential suspension of permit privileges if fines are not paid. – A material violation of the Code is a…

  • New Law in Florida Lowers Upfront Payment for Government Construction Jobs

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    – House Bill 101, signed by Florida Governor Ron DeSantis, reduces the maximum retainage rate on government construction projects in Florida from 10% for the first half of a project and 5% for the remainder, to a flat 5% throughout the duration of the project. – The changes to the Local Government Prompt Payment Act…

  • The Steps for Handling a Complaint Against a Contractor in Florida: Part One

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    1. Contractors must follow Chapter 489, Florida Statutes for construction contracting. 2. The Department of Business and Professional Regulation regulates the industry and disciplines licensees for violations. 3. The Department receives complaints almost daily against certified contractors. 4. Homeowners typically file complaints using a uniform complaint form. 5. Complaints are analyzed and, if legally sufficient,…

  • Maximize Your Car Accident Settlement: 9 Tips to Get More Money

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    1. Document the accident scene by taking photos and videos of the damage to both vehicles, weather conditions, and injuries sustained. 2. Gather contact information from any witnesses who may have seen the accident. 3. Seek immediate medical treatment to have the injuries evaluated by a medical professional. 4. Do not speak with the other…