Doing Business in Florida Blog

Supreme Court Clarifies Concept of Defense Preclusion Through Lucky Brand Trademark Battle

May 19, 2020
Caitlin Trowbridge  |  Registered Trademarks, Intellectual Property

On Thursday, May 14, 2020, the U.S. Supreme Court, in a unanimous ruling, found in favor of clothing and jean manufacturer Lucky Brand Dungarees, Inc. (Lucky Brand) and against Marcel Fashions Group, Inc. (Marcel) in the most recent phase of a series of trademark lawsuits between the parties which have spanned nearly two decades.

The Impact of Fossil on Businesses and Brands

April 27, 2020
Heidi Howard Tandy and Caitlin Trowbridge  |  Fossil

In a case that will have a significant impact on brand selection and usage across the United States, the Supreme Court, in Romag Fasteners, Inc. v Fossil Group, Inc., ruled on April 23, 2020, that a plaintiff does not have to show willful infringement by the defendant to be entitled to an award of profits under the Lanham Act. The Supreme Court vacated a district court’s ruling in favor of the well-known

Paycheck Protection Program and the Economic Injury Disaster Loan Funds Replenished

April 23, 2020
Dawn M. Meyers  |  Paycheck Protection Program , Economic Injury Disaster Loan , COVID-19

Zooming With Care: A Guide to Privacy and Privilege Issues

April 16, 2020
Heidi Howard Tandy  |  Videoconferencing, Copyright, Privilege , Coronavirus Pandemic, Zoom

COVID-19 Construction Site Job Safety Stand-Down

April 14, 2020
Jeffrey R. Margolis  |  Construction, Coronavirus Pandemic, COVID-19

Vlog: Coronavirus Pandemic: How Businesses Should Track and Document Their Losses with Insurance Team and Forensic Accountant Jake Parsons

April 7, 2020
COVID-19, Coronavirus, Insurance

How Businesses Should Track and Document their Losses

Your Covid-19 Guide to Divorce and Co-Parenting

April 6, 2020
Hugo E. Acebo  |  COVID-19, Coronavirus, Divorce, Marital Law, Divorce Law, Co-Parenting

As if going through a divorce is not stressful enough, you are now asked to navigate the dissolution of your marriage during a worldwide pandemic. The key is to remain calm, be patient and recognize what can reasonably be done. The most important thing you can do for yourself and your family is to heed the CDC suggestions.

Impact of SBA Affiliation Rules on Eligibilty for Paycheck Protection Loans and EIDLs under the CARES Act

April 5, 2020
Mark Wisniewski  |  COVID-19, Coronavirus

In response to the COVID-19 crisis, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) (P.L. 116-136) on March 27, 2020, to provide – among many other things - emergency financial relief for eligible small businesses (and certain not-for-profit and veterans organizations) disrupted by the coronavirus pandemic. The Small Business Administration (SBA) received funding and authority through the Act to establish a new Economic Injury Disaster Loan (“EIDL”) program, and the Act created and enabled

Real Estate Closings During the COVID-19 Pandemic: Title Insurance Gap Coverage

March 31, 2020
Jeffrey R. Margolis  |  Real Estate, COVID-19, Coronavirus

To mitigate the spread of COVID-19, many clerk and recorder’s offices have announced closures. Some offices are closed to the public, while still allowing mail-in and electronic filing, and others are closed for all filings.

Construction is Designated an Essential Business, Allowing Construction Sites to Remain Open During COVID-19 Pandemic

March 30, 2020
Jeffrey R. Margolis  |  COVID-19, Coronavirus

While many businesses have been ordered closed to try to slow the spread of the COVID-19 virus, the Department of Homeland Security, as well as state and local officials in many jurisdictions following federal guidance, have designated construction as an “essential” business. This includes both Miami-Dade and Broward Counties as well as the City of Fort Lauderdale and the

Estate Planning in Times of Uncertainty

March 30, 2020
Robert S. Beraha  |  COVID-19, Coronavirus, Estate Planning, Wealth Management , Wealth, Will

We are currently living though a crisis without precedent. The COVID-19 pandemic has had an overwhelming effect on global financial markets and its full impact has yet to be determined. Beyond the uncertainty we are feeling about our financial well-being, we have been forced to confront the vulnerability of not only our health, but the health of those we care about the most. Even as we experience the upending of our everyday lives, it is important to maintain a balanced perspective, be prepared to the extent possible and even consider availing yourself to opportunities that emerge during troubling times.   
 

DBPR Clarifies that Emergency Powers are Available to Condominium and Homeowners’ Associations

March 29, 2020
Jeffrey R. Margolis  |  COVID-19, Coronavirus

My March 16, 2020 post explained that it was not clear whether the emergency powers available to condominium and homeowners associations were applicable to address matters related to COVID-19 given the language in the statutes limiting their applicability to matters “in response to damage caused by an event for which a state of emergency has been declared.”