Contract Law Miami

What to Consider When PURCHASING a Business

You may have been considering purchasing a business and now are ready to make the move.  There are benefits in buying an existing business, such as having an existing customer base, familiar brand, established vendor networks, team of employees, business licenses, and assets.  Purchasing an established business, however, does come with other risk factors that …

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Lessons learned from trademark likelihood of confusion, “patio” & “palace”

When you think of trademark infringement, you may think of a service or product having the same name.  But did you know that even a name that is similar can also be considered infringement?  This is when the trademark concept of “likelihood of confusion” comes into play.  Just in the earlier part of this year, …

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Can I Protect a Marijuana Brand with a Trademark?

As more states legalize adult-use and medical marijuana, more businesses are entering this market.  Like any other business, protecting a brand is a priority; however, how can you file for a trademark if the product you are selling is legal in your state but illegal at the federal level?  Federal trademark law prohibits the registration …

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What is the difference between a C Corporation and S Corporation?

If you have been contemplating creating a business entity as a corporation, an important decision will be deciding whether to set it up as a C-Corporation (C-Corp) or S-Corporation (S-Corp).  This decision will affect how much taxes you and/or your business will pay, your ability to raise funds, and the potential to expand your business.  …

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Can Force Majeure Protect you From Non-performance Due to COVID-19?

If you are a non-essential business forced to close, you may be wondering how you are going to be able to service your clients under your existing contracts.  I have received numerous calls from businesses questioning their degree of liability because they are unable to perform services and provide goods based on the restrictions placed …

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What are a company’s legal obligations surrounding the coronavirus?

The coronavirus (COVD-19) is top of mind, affecting not only our personal life but our professional life.  Whether you are a business owner or employed by a company, understanding a company’s legal obligations surrounding the coronavirus is vital to abide by the laws and to ensure everyone’s safety. The Occupational Safety and Health Act (OSHA) …

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