Business and Tax Lawyer Blog

Small companies that are trying to attract investors have historically relied on their recorded patents to protect their inventions while disclosing information. But according to the US Patent and trademark Office, it takes an average of thirty four months – almost three years – to get a patent approved. There were more than 1.2 million patents pending at the end of the 2009 fiscal year.

The patent delay causes a big dilemma for inventors with highly marketable ideas. A patent gives extensive rights to manufacture, use or sell an invention for a certain number of years. If an entrepreneur waits for a patent, they may run out of money or risk a bigger company stealing their thunder. But if they release their product without patent protection, they risk someone else stealing their ideas and competing with them in the market.

A patent not only provides inventors with protection, it also gives them more credibility with potential investors. The significant delay in getting a patent could be slowing economic recovery, as small businesses and inventors wait for patent approval before launching products.

Read more about how patents affect innovation and the economy at Patent delays slow company.

If you have a business legal matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

In Mississippi, the same computer software that has been used to hunt down child predators on the internet is now about to be used to target those who illegally download copyrighted content like music and movies from the internet. Mississippi Attorney General Jim Hood has stated that he feels the state needs to get ahead of counterfeiters and pirates if they are going to be able to make a difference in this growing crime trend.

The office currently uses software called "Operation Fairplay" to track downloaded child pornography and keep an eye on child predators. This spring they expect to begin using a modified version of the software that will target illegal downloads of music, movies, software, and other copyrighted electronic information. Hood warns Mississippi resident that anyone caught downloading more than $100 worth of copyrighted materials can be prosecuted for a felony. He asks parents to take a part in making sure their kids are aware of the new crackdown.

Hood also announce that Mississippi will be using the software as part of the nation's first statewide task force aimed at stopping intellectual property theft. The task force will be known as" "Operation Knock Off the Knock-Offs.'' Hood hopes it will serve as a model for other states. It is believed that counterfeiting and pirating costs the US economy $250 billion annually. Read more about the Mississippi anti-pirating task force at Mississippi Attorney General to Target Intellectual Property Theft.

If you have a copyright or intellectual property matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

The latest ruling in an ongoing copyright dispute between MGA Entertainment and Mattell ensures that the popular Bratz dolls will remain on store shelves come January. A court had recently ruled that the 2010 version of Bratz dolls would be made by Mattell, not MGA. MGA was ordered to stop making the dolls and to turn over ownership of the dolls to Mattell. But a US court of appeals has suspended the order while considering its verdict in the case.

The dispute started when Mattell charged that the Bratz designer, Carter Bryant, was working at Mattell when he designed the Bratz. That would possibly give Mattell rights to the design, depending on their employment contract. A US court ruled last year that MGA had breached copyright laws by selling the dolls. MGA was subsequently ordered to stop selling the dolls, but in the latest decision the court called the earlier ruling "draconian;" MGA has stated that they would go out of business if the right to produce Bratz were taken away.

The court ordered Mattell and MGA to attempt to come to an agreement on their own. You can find out more about what will become of the Bratz doll line at Bratz dolls to remain on shelves in Mattel-MGA battle.

If you have questions about employment contracts, work for hire, or copyright infringement, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Florida's Great Northwest is an economic development group that receives most of its funding from public sources. The group has claimed that it is exempt from Florida Sunshine laws, which require public entities in Florida to operate with transparency.

Other development groups in Florida also accept tax money, but claim exemption from the Sunshine Law, saying that the company negotiations they are involved in are very sensitive in nature. State Senator Don Gaetz and Representative Marti Coley have said that they will file legislation to clarify how the law applies to development groups who get their financing from both public and private sources. The legislation will seek to find a proper balance between transparency and privacy.

While Gaetz and Coley do not want to compromise sensitive negotiations, they believe that many functions of Florida's Great Northwest and other groups like it can be carried out in the sunshine without any negative effects on their businesses. The two have also asked Attorney General Bill McCollum for an opinion on whether Florida's Great Northwest should be subject to the Sunshine Law.

Florida's Great Northwest maintains that they are a private organization, not created by Florida statute that does not act on behalf of any state agencies, which means that they are not subject to the Sunshine Law. Read the full article at Bill may clarify Sunshine Law questions.

If you have any questions about how Florida statutes might affect your business, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Section 1346 of Chapter 63 of the U.S. Code identifies a scheme or artifice to deprive another of the intangible right of honest services as being included in the definition of the term "scheme or artifice to defraud." This is also known as the "Honest Service Law." The law was passed by Congress in 1988.

Federal prosecutors in Florida have used the honest service law to go after allegedly dishonest public officials in Palm Beach and Broward counties. Those affected included three Palm Beach county commissioners, a Broward county school board member and a Miramar city commissioner.

South Florida judges have expressed concern over the imprecise language of the law, saying that it fails to clearly outline what behavior is prohibited. The US Supreme Court agrees, with justices calling the law "mushy" and "vaguely written." They argue that an ordinary citizen should be able to easily determine what is considered legal and illegal conduct.

But even if the US Supreme Court strikes down the law, criminals who have pleaded guilty to honest services fraud won't be off the hook for their crimes. The cases against them are supported by overwhelming evidence of illegal acts, and their own confessions of guilt in open court.

Florida State Senator Dan Gelber is attempting to convince the Florida legislature to adopt a statewide version of the law. He has said that his version of the bill will be much more sharply focused and will concentrate on corruption of public officials. He says he will modify his bill based on concerns expressed by the US Supreme Court justices.

Find out more about the controversy over honest services fraud at `Honest Services Fraud' law mushy but necessary.

If you need clarification on any Florida business law, please contact Wood, Atter & Wolf, P.A. for legal counsel.

According to Florida statute, all cigarettes sold in Florida must bear a stamp proving that the excise tax and surcharge have been paid. The Florida Department of Business and Professional Regulation's Division of Alcoholic Beverages and Tobacco is responsible for making sure these fees are paid, among other things.

The organization has introduced a new program, called "PUFS" to encourage ordinary citizens to report illegal tobacco sales. The program is designed to catch businesses who are taking money away from Florida's economy by not paying their fair share of taxes and surcharges.

Under the plan, tobacco retailers are required to conspicuously display a notice where cigarettes are sold. Retailers can obtain the notice from any Division of Alcoholic Beverages and Tobacco location or online at the division's website.

Individuals can call 1-866-540-PUFS to report violations; if the merchant is fined the informant is eligible to collect up to half of the fine as a reward. Callers may remain anonymous. Find out more about the PUFS plan at Department of Business and Professional Regulation Wants Citizens to "Burn" Illegal Tobacco Sales.

If you are a small business owner and need legal advice, please contact Wood, Atter & Wolf, P.A. for legal counsel.

When a company wants to introduce a new product, they need to be careful that they are not infringing on someone else's existing patent or trademark. The following are four examples of out of the ordinary patents and trademarks that may trip up a new product introduction.

Apple Computers vs. McIntosh

When Apple started developing the Macintosh, they deliberately spelled the name wrong in order to sidestep any trademark infringement issues with McIntosh, a high-end audio equipment manufacturer. McIntosh objected, and Apple ended up paying McIntosh an undisclosed licensing fee to be able to use the name in perpetuity.

Amazon one-click

Amazon patented its one-click web checkout system in 1999. Since then it has licensed use of the technology to other companies – but not to rival Barnes and Noble, which they sued for using a similar feature on their website. Long held up as an example of a patent that should never have been awarded, much of the patent was turned over in 2007, but Amazon still protects what is left of it.

Color trademarks

If you want to make pink insulation, you may get a cease and desist letter from Owens Corning. The same holds true if you want to start a wireless phone company; it would be best to stay away from the T-mobile signature magenta. Yes, it is possible to trademark a color as it relates to a specific product or service.

Verizon Droid

When Verizon wanted to name its new phone Droid, they had to ask permission from Lucasfilm, which patented the term in 1977 – the year Star Wars came out. Verizon currently uses the name under license.

You can read about several more surprising patents at They Own WHAT? Nine Tech Patent and Trademark Oddities.

If you have an original product that you would like to patent, or if you need to make sure you are not infringing on someone else's patent or trademark, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Impending federal rules that will affect Florida lakes, rivers and streams have business groups and politicians up in arms over what they call a "water tax" that could cost Florida residents up to $50 billion. But environmentalists disagree; arguing that the new, tougher standards are the only way to combat the algae blooms that plague state waterways. The new rules, to be handed down by the US Environmental Protection Agency (EPA) in January of 2010 are the result of a legal battle between the agency and environmental advocates. The EPA agreed several years ago to set new standards for "nutrient" concentration (from agricultural runoff and sewage) in Florida waters. The state currently uses a much more vague set of standards. High nutrient concentration directly impacts algae blooms in the waterways.

Affected businesses say that the EPA is unfairly singling out Florida with the rules. They also say that the new rules are not based on good evidence, and will cost a lot of money without actually helping the environment. Florida Water Environment Association Utility Council President Jim Oskowis has estimated that the new regulation could cost the state not only $50 billion to implement, but also another $1.3 billion per year to operate.

Lawmakers argue that any new standards should be set by the Florida Department of Environmental Protection rather than the EPA. Environmentalists call the cost estimates "laughable." Read more about the battle over the new standards at Looming federal water quality standards set off firestorm.

If you have a business that may be affected by the new standards, please contact Wood, Atter & Wolf, P.A. for legal counsel.

The luxury Epic Hotel in Miami, Florida was the site of a Legionnaire's Disease outbreak recently. Four people were reportedly made ill and one person died from the bacterial infection. The bacteria is said to have gotten in to the hotel via the water system, but the Miami-Dade County Health Department is still investigating the outbreak.

An advisory was placed on the hotel to keep guests out; the hotel management company was ordered to upgrade their water filtration system and clean out their water supply before the advisory would be lifted. They were able to do so and reopened within a few days. It has not been proven whether the hotel was in any way responsible for the outbreak.

Legionnaire's Disease is an acute respiratory infection caused by Legionella bacteria. It is typically water borne, and cannot be passed from person to person. Symptoms include chest pain, coughing up blood, fever, gastrointestinal symptoms, headache, joint pain, lack of energy, muscle aches, chills and shortness of breath. Older people and those with poor lung capacity or compromised immune systems are more likely to die from the disease.

Read more about the Legionnaire's Disease outbreak at Virus Outbreak Comes To An End At Miami Luxury Hotel.

If you have a business legal matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

With millions of people unemployed and fierce competition for jobs, many people are considering self employment. Currently, one of the most popular self employment options is to buy and run a franchise. A recent web article by a franchise financing bank gave prospective buyers a few helpful tips on finding and financing the right franchise opportunity.

According to the International Franchise Association, there are over 1200 franchise brands available in the US. Buying a franchise in an area that interests you is the first step to success. Second, you should consider the amount you are able to invest. The investment requirements for different franchises can vary widely; if you do not have a lot to invest, that will rule out some of the higher priced opportunities. One source of fuding that many people forget is their retirement savings. While the best thing to do with retirement dollars is to "leave it for retirement," in these difficult times, all financing avenues should be considered. The Employee Retirement Income Security Act of 1974 allows people to finance a franchise purchase from existing retirement savings with no taxes or penalties.

Finally, perform thorough due diligence on any franchise you are interested in before signing any paperwork. Enlisting the services of a CPA and attorney who specialize in franchise ownership is critical. If you live in the Jacksonville, Florida or Orlando, Florida area and are considering purchasing a franchise, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Read more about finding and financing a franchise opportunity at How to Choose and Finance a Franchise Opportunity.

During a 2008 compliance inspection at the University of Florida's main Gainesville campus, the Florida Department of Environmental Protection (FDEP) allegedly observed Resource Conservation and Recovery Act (RCRA) violations by the university. The most serious alleged violation involved improper disposal of a cleaning solvent used to clean the engines of grounds keeping machinery.

The cleaning solvent contained twenty to thirty percent tetrachloroethylene (PCE). Soil samples collected near the maintenance area had concentrations of PCE that exceeded the FDEP Soil Cleanup Target Level for leachability. Groundwater from near the area was also tested and found to have a concentration of PCE exceeding the FDEP Groundwater Cleanup Target Level.

The US Environmental Protection Agency has announced that they have entered into an agreement with the University of Florida to remediate the contamination. The University will also pay a civil penalty of $175,000. While it is unfortunate that this dangerous contamination occurred, it is good to see the FDEP and the University of Florida work together to remedy the situation.

The health of Florida's citizens and its precious water resources are both at stake. Find out more about the alleged environmental violation by the University of Florida and the remediation plans at EPA and University of Florida Sign Consent Agreement Settling Hazardous Waste Violations.

If you own or operate a business in the Jacksonville, Orlando or Gainesville, Florida areas, please contact Wood, Atter & Wolf, P.A. for legal counsel.

SunTrust, the fourth-largest bank in Northeast Florida, received three and a half billion dollars in bailout funds from the federal government. The bank announced that in order to comply with the terms of the Troubled Asset Relief Program (TARP) Standards for Compensation and Corporate Governance, it will freeze the salaries of all but one of its senior officers. The exempt officer is William H. Rogers Jr., who received a pay raise due to an increase in responsibilities.

As another part of the new compensation structure, the bank will not pay any cash bonuses to executives for 2009. The company also instituted a "clawback" policy, which would allow them to recover executive bonuses that were paid out on what later proved to be inaccurate financial statements. The bank's directors have approved the new compensation structure, which has been filed with the Securities and Exchange Commission (SEC). SunTrust has thirty three local branches in Northeast Florida.

Other banks that received bailout funds from the federal government have filed similar compensation plans with the SEC. The changes in compensation were enacted in response to public outcry over the size of bonuses paid to executives in companies which accepted government funds after the financial collapse of 2008. Read more details of SunTrust's new executive compensation plan at To comply with TARP, SunTrust freezes salaries of most executives.

If you own a business in Jacksonville, Florida or Northern Florida, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Florida's Task Force on Residential Mortgage Foreclosure Cases was established to help the state of Florida respond to the foreclosure crisis that has hit the state in the latest recession. The fifteen member task force made its final report and recommendations to the Florida state supreme court in August of 2009. In light of the task force's findings, the court has issued an administrative order to enact the recommendations.

One of the key elements of the order is a provision for creating a statewide foreclosure mediation program. Under the order, any foreclosure on a residential homestead property with a loan that originated under federal truth in lending regulations will be required to go into mediation unless both parties agree otherwise.

The goal of the order is to encourage parties to mediate outside of the courts, which should ease the burden on the already strained court system. At issue is whether there are enough professionally trained mediators to hear all of the suits and whether the new requirements would cause the already slow foreclosure process to a come to a virtual standstill.

You can read more about the Florida foreclosure crisis and the supreme court's response to it at Florida Supreme Court Orders Mediation in Foreclosure Cases!

If you need an attorney to assist you in defending your rights, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Last year, State Farm Florida Insurance Co., the state's largest private property insurer, was denied a 47% rate increase by Florida Insurance officials, and announced that it would exit the Florida market, dropping 1 million policies.

Florida state regulators worked to strike a deal with company to keep it in the state. State Farm has announced that a deal has been made that will keep State Farm in Florida for at least one more year. The agreement allows State Farm to drop 125,000 riskier policies and raise their rates to cover non-hurricane losses. Those whose policies are not being renewed began to receive notices in February, six months ahead of the company's August 2010 non-renewal campaign, as required by law.

The agreement also allows the company to start raising rates by as much as 14.8% on renewal, effective immediately. State Farm will also roll back discounts which have saved Florida policyholders as much as 28% in the past. Additionally, State Farm will release its Florida agents from their exclusivity agreements, allowing them to sell other companies' policies. This will make these agents' jobs more stable should State Farm decide to pull out of the state in the future.

Find out more about the deal between State Farm insurance and the state of Florida at Like a Good Neighbor: State Farm Will Stay, Raise Rates.

If you have a business legal matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Florida insurance regulators have placed Coconut Grove, Florida based Magnolia Insurance Company under administrative supervision, saying that the company is in unsound financial shape. The insurer voluntarily agreed to the supervision, which will last at least 120 days from December 14th, 2009. The company's president, H. James Irl, has resigned.

The state stepped in after Magnolia lost its rating from the actuarial firm of Demotech. They lost the rating due to failure to submit financials and other proofs to the firm. Under the terms of the supervision, Magnolia will be restricted in their ability to write or renew policies. They have agreed to work with the Florida Office of Insurance Regulation to develop a plan of action to turn the business around; plans may include selling the business to another company.

According to Florida law, the company is required to notify any of its customers if their policies will not be renewed. Because of this, there will be a short time when Magnolia will be allowed to renew policies that are past the window of notification of non-renewal.

State officials are urging policyholders not to renew with Magnolia but rather to transfer their policies to another carrier before their policy expires. Read more about the woes of this Florida insurance company at Florida Insurer Magnolia Placed Under State Supervision.

If you have a business legal matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.