Southwest Florida Business and IP Blog

Information to Maximize & Protect Your IP & Business Assets

Obtaining a survey before purchasing a vessel is always advised. Any offer to purchase a boat should always be made contingent on a satisfactory survey and in some cases a sea trial. Courts have recognized the critical role of marine surveyors in maintaining safe sea travels. Hull Survey vs. Full Survey The type of survey required will depend on the boat age, condition, value, and date of last survey. It may be that a hull…
Recreational boat owners in Florida are required to either register their vessels with the state of Florida or document their vessels with the U.S. Coast Guard. There are many factors to consider when choosing between state registration and U.S. documentation. Registration Chapter 328, Florida Statutes, designates that DHSMV is responsible for issuing vessel registrations and titles. Applications for titles and registrations must be filed at a county tax collector or license plate agent office.…
In order to better protect yourself and your property, it’s a good idea to have a discussion with your insurance agent and/or your maritime lawyer about your vessel, its intended use and operation, the potential for claims and the marine insurance coverage that may be available to you. Hidden Exclusions Many people with significant claims after an accident, that could and/or should have been insured against and covered from, are not covered because of an…
Whether you are buying a boat for the first time, or simply have not been boat shopping in ages, it is important to understand the technicalities of purchasing a boat. Over the next several weeks, we will discuss a few issues to consider, including insurance, registration and documentation, surveys and contract terms. Today, we will begin the series discussing options to obtaining title to a new boat or vessel. How to Obtain Title to a…
Dan Schwartz of the Connecticut Employment Law blog posted yesterday about an interesting medical marijuana case in Connecticut. For the first time, a Connecticut court ruled that an employer could not refuse to hire an applicant simply because she was a medical marijuana user, despite the employer’s drug-free workplace program. This applicant, who used medical marijuana for PTSD, had her offer revoked after she tested positive for marijuana on the pre-employment drug screen. She then…
Rosen Hotels and Resorts, Inc. (“Rosen”) operates a number of hotel properties in the Orlando area. Rosen’s subsidiary company, Rosen Millennium, Inc. (“Millennium”) provides IT support to Rosen, including data security. In early 2016, Rosen learned of a possible data breach involving customer credit card data. A forensic investigation located malware on the company’s payment network, which indicated a third-party had hacked into the system and determined that customer credit cards used between September…
The Department of Labor just issued updated FMLA forms, good through August 31, 2021. No more using “expired” forms!  For anyone who was expecting “updated” to mean changed or improved…well, we are sorry to disappoint you – the only thing that was updated was the date! The forms are otherwise identical.…
Guest post by John M. Miller, Esquire, Stockholder in Henderson Franklin’s Tort & Insurance Litigation Group I recently spoke on the topic of “Establishing Social Media Policies, Contracts and Legal Advice for PR Professionals” to members of the Gulf Coast Chapter of Public Relations Society of America (PRSA) in Naples. Social media continues to be a hot topic for employers and thought it would be good to share a few items that were discussed.…
Sales taxes have always been major revenue sources to the states, including Florida which has a state-wide 6% sales tax. However, for years, consumers have turned to the Internet to make purchases in part to be able to avoid this because most Internet sales transactions were not subject to any state or local sales tax. This changed on June 21, 2018 when the United States Supreme Court issued a 5-4 decision in South Dakota
On June 21, 1788 the U.S. Constitution was ratified. It contains a clause in Article I, Section 8 providing that Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” This led to the Patent Act of 1790, signed into law by George Washington in April of that year. Since the founding,…