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McEwen DuBovis P.A. Law Blog

Problematic Florida E-Cigarette Bill Defeated

Posted on 1/6/2016 by Logan McEwen

On January 6, 2016, HB 1143 was introduced in the Florida House of Representatives. The bill sought to include the use of a nicotine dispensing device within the definition of “smoking” under the Florida Clean Indoor Air Act, and proposed to take effect July 1, 2016.

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New Florida Corporate Entities

Posted on 7/1/2014 by in Entities Corporations Business

On July 1, 2014, SB 654 and HB 685 became official and amended the Florida Statutes regarding business entities. The new law not only reorganizes Chapter 607 of the Florida Statutes, but creates two new types of corporate entities in Florida: Social Purpose Corporations and Benefit Corporations. These two new types of corporations will be subject to the statutory regulations of corporations traditionally found in Chapter 607 with a few specific variations.

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Employee or Independent Contractor? What Makes the Difference?

Posted on 6/10/2014 by in Liability Business Contractor Employee Test Tax

Most businesses understanding that independent contractor’s receive 1099’s and employee’s receive W-2s, but there are many misunderstanding about who actually qualifies as an independent contractor. The wrong classification can have serious legal ramifications, and could leave the employer vulnerable to liability for: failure to withhold and pay payroll taxes; failure to pay employee benefits; hourly wage violations; discrimination suits and more. The classification is also associated with your rights to intellectual property, involving elevated risks where in certain situations you are licensing the use of your trademark without conditions.

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Insurance Subrogation Statutes of Limitation: Extremely Long-Term Liability.

Posted on 4/1/2014 by in Litigation Liability Insurance Vehicle Subrogation

If you have not been sued by an insurance company, you likely are unaware of insurance companies’ right of subrogation. The right of subrogation, granted to insurance companies by the Florida Legislature, creates the possibility of exceedingly long term liability for companies with uninsured or underinsured vehicles that our businesses rely on.

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What to Know About Arbitration Clauses.

Posted on 3/5/2014 by in contracts arbitration terms

Arbitration clauses are everywhere, this article aims to help one gain a better understanding of their legal effect, enforceability, benefits, and detriments under Florida law.

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