break of contract
Contract
Eric Gros-Dubois

What Remedies exist for Breach of Contract?

When there’s a breach of contract for the sale of goods, the UCC governs.  Under the UCC, failure to deliver goods is a material breach, but in common law, it is not.  Any contract can contain a “liquidated damages” provision which typically includes a certain amount of money that the non-breaching party is entitled to if a party breaches the contract.  

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Business Law
Eric Gros-Dubois

¿Qué es una “B” Corporación ?

Una Corporación de Beneficios o un “B-Corp.” es una empresa privada que crea un beneficio público al permitir que las empresas sean rentables mientras consideran el bienestar de la sociedad y el medio ambiente. Las corporaciones de beneficios exigen que las empresas hagan que sus prácticas sean transparentes para el público.  Convertirse en una Corporación de Beneficios tiene ciertos requisitos, pero es principalmente un proceso de tres pasos. 

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Business Law
Eric Gros-Dubois

What is a “B” Corporation?

A Benefit Corporation or a “B-Corp.” is a private enterprise that creates a public benefit by allowing businesses to be profitable while considering the welfare of society and the environment.   Benefit Corporations require businesses to make their practices transparent to the public.  Becoming a Benefit Corporation has certain requirements, but it is mostly a three-step process.

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Real Estate Law
Eric Gros-Dubois

Florida Residential Security Deposit Return

Under Florida law, a landlord may retain a tenant’s security deposit, but there are a few steps that need to occur before the security deposit, or a portion thereof, is withheld. If the tenant leaves the premises, and the landlord does not intend to retain the security deposit, the landlord has fifteen (15) days from the date the tenant vacated the premises to return the security deposit.

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EPGD Law Business Law
Business Law
Eric Gros-Dubois

Small Business and Minority Businesses in Miami Dade County (Part 1)

The federal government has a unique program that assists disadvantaged businesses by registering them for government contracts.  In other words, as a “small business” you have a higher probability of obtaining a government contract before a business that is not registered as a “small business.”  The U.S. Small Business Administration (“SBA”) defines a “small” business in terms of the average number of employees over the past 12 months or average annual receipts over the past three years.  The SBA defines a U.S. small business as a concern that:

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Civil Litigation
Eric Gros-Dubois

Civil Theft of a Corporation in Florida

Civil theft is a common law conversion with the criminal intent to steal. See 1-27 Florida Torts § 27.07. Florida Statute 812.014 (2014) states the elements for civil theft as:
(1) knowingly, (2) obtained or used, or endeavored to obtain or use, the plaintiff’s property, (3) with felonious intent, (4) either temporarily or permanently to (a) deprive plaintiff of its right to or a benefit from the property or (b) appropriate the property to the defendant’s own use or to the use of a person not entitle to the property.

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How to Protect Limited Liability?

So you filed the state requirements to start your own company. Therefore, now you have obtained limited liability and can shield yourself personally from any obligations that may transpire in the course of your business. Wrong! In fact, filing with the state is merely the first step to obtain limited liability.

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employment contract
Employment Law
Eric Gros-Dubois

Penalties for Misclassifying Employees and Independant Contractors

The risks involved in the misclassification of workers as independent contractors rather than employees are serious. Federal and state agencies have the authority to impose both monetary and non-monetary sanctions against employers who misclassify their workers. Yet, employers remain subject to civil liability with respect to the claims of their workers, as well as to potential criminal liability.

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El Manual del Empresarios

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