Americans and the rest of the world are hoping that in 2021 every-day life will begin normalizing. With the rolling-out of the Pfizer and Moderna vaccines, many feel they can see the light at the end of the tunnel. However, even though the vaccine has reinstated hope in many, it still raises additional questions. Many have wondered whether employers can make COVID-19 vaccination mandatory for their employees. The answer appears to be yes. A guidance…

Southwest Florida Business and IP Blog

5 Simple Things to Keep in Mind with Non-Disclosure Agreements

By Mark Nieds

February 17, 2021

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Business relationships often lead to the exchange of sensitive information or access to highly confidential matter. When faced with this situation, is it enough to merely tell your business partner that something is confidential? Absolutely not. Businesses should always protect their confidential information using a Non-Disclosure Agreement (NDA). NDAs are commonly used when businesses are contemplating or negotiating some sort of contractual relationship or deal. The NDA allows one party to share confidential and trade…

Southwest Florida Business and IP Blog

A 360 degree look at COVID-19 in Florida — from the Legislature to the Courts

By Heath Gelman

February 12, 2021

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We are already in February 2021! Can you believe it? Our Tampa Bay Buccaneers were crowned Super Bowl Champs, spring is upon us, yet we are still wearing masks, vaccinations are being provided to Floridians as fast as possible, yet it still looks a lot like 2020 in many ways. What’s happening in Florida Legislature? New protections for health care providers. A senate committee has successfully cleared legislation on February 10, 2021, that would create…

Southwest Florida Business and IP Blog

Maritime Law: Boat Show Checklist

By Amanda Ross

February 1, 2021

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Regional and larger boat shows are often hosted in late winter and early spring when manufacturers are ready to roll out the years newest products. Here are some quick tips to consider before visiting a boat show. Before You Go Identify your budget and the type of boat you are interested in. Don’t forget to consider costs for maintenance, storage, insurance, and registration/documentation. If you’re planning to finance your purchase, consider qualifying in advance. Review…

Southwest Florida Business and IP Blog

Copyright and patent protection apply to product packaging, too

By Luca Hickman

January 25, 2021

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Product packaging is a critical part of every manufacturer’s operations (and even that of many wholesalers and retailers). A product’s packaging is often the first thing customers see: and first impressions count. That is why, for example, an entirely new discipline – packaging engineering – has grown over the last several decades and why companies like Starbucks® and Apple® work so hard to have every napkin, cup, box and bag uniformly branded. Yet…

Southwest Florida Business and IP Blog

5 tax tips for those dealing with estates

By Gregory Herman-Giddens

January 22, 2021

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As we happily turn the calendar to January 2021, many start gathering receipts and documents to prepare for tax season. If you serve or have been recently appointed as a Personal Representative, Executor or Administrator, there are some important income tax issues you should be aware of to avoid legal action from the Internal Revenue Service (“IRS”), or lawsuits from the decedent’s beneficiaries. Below are some answers to a few frequently asked questions concerning estate tax…

Southwest Florida Business and IP Blog

Estate Planning for Franchise and Multilevel Marketing Business Owners

By Gregory Herman-Giddens

January 19, 2021

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Franchise and multilevel marketing (MLM) businesses are often attractive because they offer people the chance to start a small business with a well-known brand and an established business model. However, they present unique estate planning challenges than other types of small businesses because the rights and obligations of franchisees and multilevel marketers are spelled out in contractual agreements. What Is a Franchise? When you purchase a franchise, you are purchasing a unit from a company…

Southwest Florida Business and IP Blog

New 401k rules could end “refunded contributions”

By David Ledermann

January 18, 2021

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Many employers are all too familiar with the experience of having to refund contributions made to the organization’s 401(k) plan by highly compensated employees to remedy the previous year’s failed actual deferral percentage (“ADP”) test. The ADP test is designed to ensure that the average deferral rates for highly and non-highly compensated employees are roughly equal. Thanks to the Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”), the experience of refunding highly compensated…

Southwest Florida Business and IP Blog

Webinar: 2021 Back to Work HR Law Update

By Gail Lamarche

January 5, 2021

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On Tuesday, January 26, 2021 (at 9:00 a.m.), Labor & Employment Attorney Scott Atwood will provide an update for business owners and HR professionals on the state of employments laws. With the introduction of COVID vaccines resulting in many employers returning their workforces to the office, they will likely face a multitude of questions. In this one-hour webinar, attendees will learn: the most recent EEOC and CDC guidance on COVID return-to-work and discrimination issues; the…

Southwest Florida Business and IP Blog

New Florida Summary Judgment Standard Could Lessen Legal Expenses and Judicial Backlog

By Katherine Cook

January 5, 2021

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For many litigators, the best way to start a new year is with a new summary judgment standard! On December 31, 2020, the Florida Supreme Court issued an opinion, adopting the federal court’s summary judgment standard as articulated by the United States Supreme Court in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986). This has been a long time coming for businesses as the federal standard may decrease legal expenses by expediting civil…

Southwest Florida Business and IP Blog

Information to Maximize & Protect Your IP & Business Assets

Blog Authors

Can Employers Require Employees to Receive the COVID-19 Vaccine?

5 Simple Things to Keep in Mind with Non-Disclosure Agreements

A 360 degree look at COVID-19 in Florida — from the Legislature to the Courts

Maritime Law: Boat Show Checklist

Copyright and patent protection apply to product packaging, too

5 tax tips for those dealing with estates

Estate Planning for Franchise and Multilevel Marketing Business Owners

New 401k rules could end “refunded contributions”

Webinar: 2021 Back to Work HR Law Update

New Florida Summary Judgment Standard Could Lessen Legal Expenses and Judicial Backlog

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