Business and Tax Lawyer Blog

Members of Jacksonville, Florida's First Coast Manufacturers Association employ more than half of the region's 45,000 manufacturing workers. A current survey of members revealed that Jacksonville manufacturing businesses have an upbeat outlook on the economy for the first time in a long time. Forty-four percent of those who responded said that they expect their revenue to show growth in the first half of 2010 and sixty eight percent said that they expect growth in the second half of this year.

Lad Daniels, president of the First Coast Manufacturers Association, said that the results show much more optimism from manufacturing business owners than just eight months prior. According to Daniels, this is good news for the Jacksonville workforce as well. Most manufacturing employers have no plans to shrink their labor force during the rest of the year, and thirty one percent reported that they were planning to hire additional workers in 2010.

The news that such a major employment sector was not planning any layoffs and might actually be adding jobs is a promising sign for both Jacksonville workers and Jacksonville businesses.

Find out more about the First Coast Manufacturers Association's survey results at Manufacturers on First Coast optimistic.

If you live in North Florida and have a business legal matter, please contact Wood, Atter & Wolf, P.A. Jacksonville, Florida attorneys.

The Riverside area of Jacksonville, Florida is best described as an eclectic mix of residents and businesses from various ethnic and economic backgrounds. The Riverside Avondale Development Organization recently organized a community cleanup project to pick up litter throughout the area. The event gave local businesses an opportunity to show that they are interested in being a part of the local community – and that they are not just another bank or another store.

The event, which was co-sponsored by Florida Bank and Harpoon Louie's, drew business owners and their employees along with area residents, who walked a three mile area of the neighborhood with bright blue trash bags. They were able to fill nearly a hundred bags with trash removed from the area.

The organization promoted the event using social media tools like Facebook, Twitter, and Constant Contact alongside more traditional methods such as going door to door to talk to business owners and hanging up flyers in the area. Businesses gave donations of t-shirts, refreshments, and gift cards to reward participants, and Green It Up Clean It Up provided trash bags and safety equipment for the volunteers.

Residents and merchants alike deemed the day a success, and hope to turn their attention to other community improvement projects in the future. Read more about the Riverside community cleanup at Riverside cleanup connects neighbors, merchants.

Continue reading " Jacksonville, Florida Businesses and Residents Join Forces to Clean up Riverside Area " »

Yelp is a popular web site that allows guests to post opinions about fifteen million small local businesses nationwide, such as restaurants, shops and service providers. Several small business owners recently filed suit against the company, saying that they have been pressured to buy advertising on the site in exchange for removing negative reviews.

At least three law suits have been filed in 2010 by a dozen or more companies claiming that Yelp manipulates reviews based on whether a business is an advertiser on the site or not. One of the suits was filed by Cats & Dogs Animal Hospital in Long Beach California, and alleges outright extortion; that suit has been joined by nine more companies.

The owner of the hospital says that after he received some negative reviews on the site, he began receiving calls from sales representatives saying that if he became an advertiser they would allow him to remove negative reviews and choose the order in which the reviews were shown. Other companies involved in the suit allege that Yelp sales representatives told them that they could alter review listings to help their own clients and harm those who were not clients. The other two suits make similar allegations; all three are seeking class action status.

Yelp denies the claims, saying that the companies involved do not understand how their site works. He said that reviews are automatically filtered according to reliability and may be removed if they are suspected to be written by the company's owner or by a competitor seeking to do harm. Advertisers are allowed to select one review to feature at the top of their page. He further stated that sales representative have no ability to manipulate reviews.

Read more about the lawsuit at Review Site Yelp Under Fire In Business' Lawsuits.

Continue reading " Popular Opinion Website, Yelp, Sued by Several Small Business Owners " »

If you own a business that operates strictly in Florida, you need to be aware of and follow Florida Labor laws. Employee work hours can be a particular point of contention between business owners and workers; some of the highlights of the Florida statutes governing work hours include:

Application of Federal Law

The Federal Fair Labor Standards Act only applies to businesses that engage in interstate commerce. If an issue arises that is not covered by Florida state law, then the Federal Law would apply. Florida cannot give less protection in this area than is provided by Federal Law.

Overtime pay

Hourly employees are entitled to overtime pay for any time worked over forty hours in one week. As a general rule, the rate must be at least one and a half times the employee's regular pay rate. If a worker is subject to a collective bargaining agreement, the provisions of that bargaining agreement would apply. Federal law also provides special overtime rules for retail and service workers, hospital employees, and fire protection and law enforcement professionals.

Work day overtime

If you require more than ten hours of work in a day from an employee who was hired to do manual labor by the day, week, month or year, you are required to provide extra pay for the excess hours unless you have a written contract with the employee that states otherwise. This does not apply to hourly employees.

Employee contracts

In Florida, the courts have held that there are no contractual rights conferred by employee manuals or handbooks unless it is stated specifically. Employers should still, as a matter of caution, specifically recite that the manual or handbook does not provide contract rights to workers.

Failure to pay overtime

If a Florida employer fails to pay overtime, the affected employee may file a civil suit in federal court. There is a two year statute of limitations on such claims.

Find out more about Florida employment law at Florida Work Hours Laws.

If you live in North Florida and have an employment legal matter, please contact our Jacksonville, Florida law firm.

People are beginning to prefer social media as a channel of communication and information.  This is also true with businesses. Social media can provide great benefits in reaching investors and customers.

This form of communication is becoming more important for businesses as it has become more important in society.  Ninety-three percent of United States citizens expect to interact through social media to find jobs, learn about consumer goods, and socialize.

Social media benefits various types of businesses, using business-to-business tools as well as business-to-consumer tools.  It is important to know which social network tools are more effective for different purposes.  For example, Twitter and Facebook may be more apt at reaching consumers, whereas Twitter and LinkedIn work well in reaching other businesses.

In contrast, social media can be detrimental if used improperly.  As a result, businesses should develop a social media policy.  In the absence of a well-considered policy, different business locations or divisions may project the wrong image and hurt the overall brand.  Also, if one business location uses a social network to distribute coupons, it should be clear whether the coupons are valid for that one location or all locations of the business.

Continue reading " Can Social Media Help Your Florida Business? " »

As one of the largest markets in the U.S. for commercial real estate loans, Florida is at risk of significant financial losses if commercial foreclosure forecasts prove correct, says one Jacksonville business and tax attorney.

Florida Attorney General Bill McCollum has put the Florida state legislature on notice that they need to act quickly to avert the potentially devastating consequences of predicted commercial foreclosures.

In a letter to Florida House Speaker Larry Cretul, McCollum noted that while the Florida residential foreclosure crisis has been top-of-mind throughout the state, commercial foreclosures may have an "even greater potential to negatively impact the state and national economies...In anticipation of this crisis, the Legislature may wish to review current Florida law and the finding of the Congressional Oversight Panel."

In February, the Congressional Oversight Panel released its Commercial Real Estate Losses and the Risk to Financial Stability report, which cited numerous troubling trends: rising vacancy rates, falling property prices and rising commercial real estate loan delinquency rates.

McCollum said that other states have already enacted laws that could ease the pain of commercial foreclosures, and that legislators should consider similar measures for Florida.

Continue reading " Potential for Florida Commercial Foreclosure Crisis Looms Large " »

Despite the still lagging economy, a tiny Riverside bicycle shop in Jacksonville, Florida opened its doors in February of 2010 – and racked up 100 sales and 500 Facebook fans in its first month of operation. While the store, called ZenCog, considers itself a high-tech business, it sells a very old-school product: steel-framed, single speed, coaster-braked bicycles.

Co-owner Garfield Cooper of Avondale, Florida actually attributes the store's success to the poor economy. He says that people can't afford to spend lots of money on their cars, so bikes make a great alternative. And the old-school type of bikes that he sells are inexpensive to maintain since they don't have gears or brake cables.

Co-owner Clark Schaffer of Atlantic Beach, Florida believes that the store's more durable steel frame bikes are the perfect alternative to what he calls "disposable aluminum high-performance bicycles" that cost a lot more to purchase and maintain.

Shaffer and Cooper say they just want to see more people riding bikes; it is great exercise and doesn't pollute the atmosphere. The store has already attracted a fan base of local residents who come by the shop just to hang out.

This is an excellent example of a business finding a niche that can flourish in current economic downturns and recognizing how to "touch" its market segment. Even though their product may be old-school, their business model isn't. The store has embraced social media marketing, with an active website, blog and Facebook page. They use emailed receipts to cut down on paper waste. They also don't carry any new inventory. They use the internet to help customers customize bikes, which the store then assembles for them when the parts arrive. The only bikes they keep on site are consignment and refurbished.

Find out more about Jacksonville, Florida's newest bike shop at New Riverside bicycle shop cruising along despite economy.

Continue reading " New Jacksonville, Florida Small Business Racks Up Sales Offering Perfect Product for Down Economy " »

Jacksonville business attorneys have taken note of a verdict awarding a South Florida heart surgeon $6.5 million for breach of contract and slander that has been upheld by Florida's Fourth District Court of Appeals.

The suit, brought by the surgeon against a Fort Pierce, Florida hospital, resulted in a $1.5 million award for breach of contract and a $5 million award for slander. The slander: a hospital executive said he would not send his dog to the surgeon.

In its 32-page opinion, the appellate court specifically condemned the hospital's attack on the doctor's reputation, noting that "the wrongdoing underlying the punitive damages in this case has Florida law's most severe condemnation, its highest blameworthiness, its most deserving culpability."

The 11-year court battle between the surgeon and the hospital may continue, as the hospital says it is weighing its options to have the decision reviewed by the Florida Supreme Court. The hospital's lawyers argued on appeal that the slander award was excessive under the U.S. Constitution; because of that argument, the appellate court said that the State Supreme Court could review the award.

See more about the lawsuit at $6.5M verdict upheld in slander case.

Continue reading " Slander Verdict Dogs South Florida Hospital " »

Whiskey Creek, a Nebraska based chain company, is seeking to enjoin "Whiskey River," (a well known restaurant establishment with a location in the Jacksonville area) from using this name for their business by alleging trademark infringement.

Interestingly enough, only nine trademark infringement claims were filed in all of 2009 in the Jacksonville area. However, Whiskey Creek has a restaurant location in south Florida and is claiming that the two business names, logos, and menus are confusingly similar to customers and they want Whiskey River enjoined from using its name.

Spokesmen for the Whiskey River camp say they are in compliance with trademark law and that the two restraunts have very different atmospheres and not confusing to consumers. There are several different state and federal laws pertaining to trademark infringement with numerous factors a court looks to in determining confusion. Furthermore, even if confusion is established, there are multiple defenses available to infringement claims that a party will have to overcome in order recover equitable and monetary damages. Find out more about the going concerns in the article at Whisky River, Whiskey Creek? Jacksonville businesses fight to keep trademarks: Similarity of names, logos, missions leads to legal challenges.

Continue reading " Trademark Battle: Whiskey River v. Whiskey Creek " »

The Director's Guild of America has teamed up with other entertainment associations and are looking to the federal government for continued support in controlling Internet piracy. The Department of Homeland Security's U.S. Immigration and Customs Enforcement (ICE) recently launched "Operation in our Sites." in support of these efforts.

In fact, the operation found early action and has seized at least nine domain names of nine different websites that hosted pirated material. Assets were seized from various banks and other third party intermediaries such as PayPal in an effort to discourage contributing to online piracy.

Online advertising companies that facilitate or contribute to pirating companies will also be regulated closely and face heavy penalties if they are caught assisting. The operation's efforts will not be restricted to just domestic violators but international entities who infringe as well. For further information check out the article Fight Against Internet Theft Expands.

Continue reading " The Director's Guild of America Looks to the Federal Government for Help Regualting Intellectual Property Rights " »

Five Jacksonville, Florida nonprofit community development corporations (CDC) have built or renovated 208 homes in the area north of Jacksonville's downtown. The new or completely renovated homes have been quickly bought up by low income home buyers looking for affordable, livable housing.

Amazingly, even though Florida leads the nation for delinquent mortgages and foreclosures, all of these homes were purchased by low-income borrowers who still live in the homes and have kept their mortgages in good standing.

The executive director of Local Initiatives Support Corp Jacksonville, Jonie Foster, says that revitalizing these neighborhoods in the ultimate goal. Her organization provides capital to the CDCs that they use to purchase and develop real estate.

People interested in purchasing a CDC home start by going to the Jacksonville Housing and Neighborhoods Department, which provides home ownership certification and referrals credit counseling. Buyers are assisted in creating a budget and counseled on the ongoing costs of maintaining a home. Buyers appreciate the process, and feel that there are no surprises once they get to the closing.

Milton and Kristen Torres were able to purchase a home near Jacksonville Municipal Stadium through the program, which allowed them to start their own small business; Pro-Motion Pedicab. The program also improves Jacksonville's tax base which in turn improves local government. Find out more about the five non-profit homebuilders that are revitalizing North Jacksonville at CDCs help revitalize area north of downtown Jacksonville.

Continue reading " Jacksonville, Florida Home Builders Thriving Despite Economy " »

Discovery Plaza mall on the south side of Atlantic Boulevard in Jacksonville, Florida has added renewable energy sources to their power mix. The strip mall has installed two thirty foot high wind towers – called Windspires – and an array of solar collectors on the rooftops of two of the buildings. The alternative energy is used to power the common areas of the mall, like parking lot and security lights. Tenants still get their own electricity from traditional sources. While the Windspires are more noticeable, the ninety rooftop solar panels actually provide most of the energy to the mall.

In addition to providing clean energy, the Windspires have gotten the mall a lot of publicity, generating both attention and foot traffic for the mall's tenants. Some shoppers even believe that the Windspires were designed as a marketing ploy. Tenants at Discovery Plaza certainly don't mind the extra attention.

The towers were put up in late 2009 by Jacksonville, Florida based Erickson Energy, and cost about $15,000 each to build and install. Company president Frank Erickson said that the mall's main goal was to lower their energy bills. He estimated that the mall's investment would pay off in about four years.

Erickson is now benefitting from the buzz created by the Windspires. He will be opening a store in the mall to demonstrate alternative energy sources to homeowners and businesses in the area.

Read more about the alternative energy being used at Jacksonville's Discovery Plaza by visiting Wind towers, solar panels help power Jacksonville strip mall.

If you live in North Florida and have a business legal matter, please contact our Jacksonville, Florida law firm.

Among the various entries in the Oscars, one was particularly interesting in an intellectual property sense. From the Bentley birds in the sky to the AIM and Bic mascot pedestrians walking in the streets, Logorama consists almost entirely of trademarks and logos. The film won the Academy Award for Best Animated Short Film. A producer, referring to the number of logos, thanked the "3,000 non-official sponsors" used in the film during the acceptance speech.

Logorama begins with two Michelin Man police officers, whose lunches are interrupted by a dispatch to apprehend a fleeing criminal, Ronald McDonald. Intertwined are the stories of two Pringles mascots attempting to flirt with Esso Girl at a Pizza Hut as well as a field trip to the zoo with Big Boy and Haribo. Mr. Clean leads the zoo tour, where the MGM Lion is on display. Plots converge during a shootout at Pizza Hut between McDonald and police. Afterward the city is engulf by a giant X-Box logo and eventually ends with the camera zooming out on a world, then a galaxy, then a universe comprised of logos.

According to the creators, the film shows an "over-marketed world built only from logos" to stress that nearly everything in daily life is associated with a graphic of some sort. The piece also appears to be a social commentary depicting the absurdity of the overuse of trademarks and product placements on the big screen.

Logorama was written and directed by H5, a French animation studio and collective of directors founded in 1996. Specifically, the film was directed by Francois Alaux, Herve de Crecy, and Ludovic Houplain.

This recent Oscar is not the film's first accolade. Logorama has received awards in numerous international film festivals including the 2009 Stockholm International Film Festival (Sweden), the 2009 Vendome Film Festival (France), and Cannes in 2009.

Continue reading " Logorama: A Social Commentary " »

The battle for supermarket shoppers is highly competitive, and Winn-Dixie, a Jacksonville, Florida based grocery store chain is forging partnerships with other companies to stay a step ahead of the competition.

Winn-Dixie shoppers can now buy Blue Cross and Blue Shield insurance at the store along with pre-paid Visa cards. They can rent movies from redbox, and then take their Winn-Dixie rewards cards to Shell gas stations for a five cent per gallon discount for every fifty dollars they spend at the store. Some of the stores sell bus passes, and shoppers will soon be able to pay their JEA bills at the store as well. The store has also struck deals with the Jacksonville Jaguars and the New Orleans Saints to act as the official supermarket for the two NFL teams.

Of course, Winn-Dixie isn't the only grocery store to branch out this way, but they have been very active in pursuing partnerships over the last two years. The partnerships are mutually beneficial to the participating businesses as well as the consumers/customers; partners get access to Winn-Dixie shoppers, and Winn-Dixie gets a cut of their in-store sales, (along with the ability to attract more customers by offering enhanced services), and Winn-Dixie shoppers have a one-stop shopping opportunity.

Winn-Dixie's approach is to offer one stop shopping to their customers. The only drawback would be if a partner didn't do a good job – that could reflect poorly on them. Read more about Winn-Dixie partnerships at Cross-marketing can be 'win-win' for Winn-Dixie.

If you live in North Florida and have a business legal matter, please contact Wood, Atter & Wolf, P.A., Jacksonville, Florida attorneys.

In 2009, a Korean Motel called "Hilton Motel" had a suit filed against it in Seoul District Court by the international Hilton hotel chain (HLT International). HLT demanded that the owner of the motel, identified only as Mr. Yoon, cease using their trade name and that he pay HLT an indemnity of $25,541.

Hilton had registered both "Hilton" and its Korean equivalent as trademarks, which gave them exclusive rights to the name. HLT also announced that there are "numerous" lodging establishments in Korea that use the Hilton name illegally, and HLT was planning to bring suit against each one individually. At least one Korean hotel owner changed the name of his establishment to avoid a lawsuit. You can read more about this case at Hotel giant Hilton files lawsuit over naming rights.

Continue reading " Korean "Hilton Motel" sued by Hilton for Trademark Infringement " »

For many Jacksonville, Florida business owners, hanging small signs at intersections and on busy roadways is a cheap and easy form of advertising. But according to Jacksonville officials, the signs, called "bandit signs" are not just an eyesore, they are illegal.

Even though the signs are forbidden by Jacksonville ordinance, no individual has been dedicated to removing them or going after the people who post them. City officials say there are too many signs and too few resources to go after every offender. The signs are only taken down if someone makes a complaint or in the course of other police duties. In that event, Bandit sign offenders are currently given a warning the first time there is a complaint, and the public works department then removes the signs. If there is another complaint against the same buinsess owner, they are fined $225 for each offending sign.

It wasn't always this way. In fiscal year 2008-2009, sign enforcement was more aggressive and was handled by the Jacksonville building department. That year, the department collected nearly $3500 in fines for illegal signs.

City Councilman John Crescimbeni loathes the signs, but believes they are not a priority for the city at this time. Mayor John Peyton agrees, saying that the costs of enforcing the law would be greater than the fines collected, and could result in a flood of court cases initiated by business owners who are cited.

Read more about Jacksonville's bandit signs at Bandit signs clutter Jacksonville area illegally.

If you live in North Florida and have a business legal matter, please contact Wood, Atter & Wolf, P.A., Jacksonville, Florida attorneys.

The entry fee for a lifetime membership in the Freedom Boat Club Franchise is $5000. Unfortunately, Jacksonville, Florida residents who paid the membership fee may be out of luck. Last August, Freedom Franchise Sales terminated its contracts with two Jacksonville Florida Boat Club locations; one at Intracoastal Waterway and the other at Julington Creek.

Freedom Franchise then reopened the Julington Creek location under company-owned management. While members are welcome to continue using that location, many members who signed up for the Intracoastal location say that the Julington Creek location is less convenient and does not have the offshore fishing boats that the Intracoastal location offered. The franchise is not offering any refunds to disgruntled members.

As a general rule, consumers have little recourse to get membership fees refunded when a business closes its doors. The one exception to that general rule in Florida would be health clubs; Florida bans lifetime health club memberships, limiting them to three years. The club is also required to post a bond with the state that would be used to reimburse members if the club went out of business.

However, for other types of clubs, potential members need to review the membership contract very carefully before signing. Individuals should not hesitate to ask a club to add language that would allow them to get out of the contract and get their money back if a particular location closes. If written correctly, this added language could provide a contractual claim for reimbursement - confirming the specific amount to be returned to the member on club closure of a specific location and establishing a process to secure the repayment. Of course, if the entire business closes down, it may still be difficult or impossible to get your money back.

A spokesperson for Freedom Franchise Sales says that the company has made a good faith effort to provide boat services to Intracoastal location members. They are currently searching for a second location. Read more about the closing of a Jacksonville, Florida boat club at Left 'high and dry' after paying club fee.

If you live in North Florida and have a business legal matter, please contact Wood, Atter & Wolf, P.A., Jacksonville, Florida business law attorneys.