A photographer holds a copyright in a picture of Miles Davis. A tattoo artist stenciled that picture onto a client’s arm and reproduced the picture as a tattoo. Can a jury really say that is not copyright infringement? Business owners ask this question more often than they realize. Usually not […]
For Florida SMBs, an unsolicited marketing text or call can turn into a six-figure lawsuit overnight. If your small or mid-sized business (SMB) uses phone calls, voicemails, or SMS text messages to reach potential or existing customers, you could be exposed to costly lawsuits under federal and Florida-specific telemarketing laws. […]
Healthcare organizations face mounting pressure to safeguard patient information in an increasingly digital landscape. The Health Insurance Portability and Accountability Act (HIPAA) remains the cornerstone of patient privacy protection, and enforcement activity by the Department of Health and Human Services Office for Civil Rights (OCR) continues to intensify. For hospitals, […]
The Florida Homeowners’ Construction Recovery Fund (“Recovery Fund”), established under ss. 489.140–489.144, F.S., provides financial recourse for homeowners who have suffered losses due to the misconduct of licensed contractors. The Recovery Fund is administered by the Florida Construction Industry Licensing Board (CILB) within the Department of Business and Professional Regulation […]
Florida homeowners associations have long been a cornerstone of community governance. Proposed legislation known as House Bill 657 or HB 657 could significantly change how these associations operate and, in some cases, lead to their dissolution. If enacted, HB 657 would take effect on July 1, 2026 and would introduce […]
When most people think of trademark infringement, they think of knockoffs like fake Rolex® watches or dubious Louis Vuitton® bags sold by street vendors. In these cases, a junior user comes along and tries to profit from the goodwill of a well-known senior user, either through outright deception or by […]
When Restaurant Names Conflict With Packaged Food and Beverage Brands Restaurant owners often assume that if another company is selling packaged food or beverages under a similar name, there must automatically be a trademark conflict. The reality is more nuanced. When a restaurant name collides with a packaged product brand, […]
In an age when digital interactions dominate how businesses engage with clients, data privacy risks have moved to the forefront. Recent litigation trends show that insurers and financial services companies are now squarely in the cross-hairs of plaintiffs’ firms. The article “Data Privacy Litigation Trends Against Insurers and Financial Services […]
For Florida small and mid-sized businesses (SMBs), timely and complete payment is essential to maintaining operations and growth. While non-payment of invoices can certainly disrupt cash flow, it is often unclear or incomplete invoices and vague payment terms that lead to costly legal disputes. This blog explores how vague invoicing […]
Legal Risks of Cuban-Inspired Cigar Brand Names Kennedy, Clinton, Schwarzenegger, Jordan, Jay-Z . . . the fascination with Cuban cigars goes back generations and doesn’t seem to fade. No amount of embargo regulation has changed that. In fact, the embargo itself may be what keeps the mystique alive, even as […]