Business and Tax Lawyer Blog

So you've taken a great idea, formed a plan, created a blueprint for how to get the attention of your customers and acquired the appropriate amount of start-up funding. Now you face your next big decision - what type of business organization is best for you? Possible organization structuring can include partnerships, corporations, sole proprietorships and limited liability companies. There are key differences between these structures that can impact your business' management, your taxes and your day-to-day operations.

Sole Proprietorship:
A Sole Proprietor is, basically, you. You may elect to operate your business under your own name or under a descriptive "new" name. The descriptive new name can be linked to you by the filing of a Fictitious Business name with Florida's Secretary of State. While the Sole Proprietorship structure is the simplest and least bureaucratic form under which to operate a business, it fails to protect your personal individual assets from litigation/claims by unhappy business customers, vendors or guests or from the debts of the business.

Partnerships:
A "partnership" is typically an agreement between two or more people to finance and operate a business. The "creation" document is generally referred to as a Partnership Agreement. Partnerships, unlike sole proprietorships, are a legally separate entity from the partners themselves. Contractual obligations are made with the entity, not the individual partners. Taxation does not occur at the entity level, but rather is passed through to the partners. With regard to liability for claims by unhappy business customers, vendors or guests, or claims against you for business debts, the partnership structure does not protect the partners from personal liability for the obligations and debts of the business. The partners share responsibility and authority regarding operating the business. However, partners have the flexibility to define their relationship among one another and are permitted to split the ownership and profits of the partnership in the way they desire. Partners can also share equity interests - ownership interest in the partnership, which helps in building capital. As partnerships are based on a shared ownership concept, the actions of one partner can bind the whole partnership.

Corporations:
Florida corporations are created under Florida law and basic "creation" documents generally include the Articles of Incorporation and the Bylaws. The basic attributes of a corporation and what distinguishes a corporation from other business organizations include: (1) limited liability of the corporation's directors, officers and managers and (2) a corporation's potential for perpetual existence (the corporation exists independent of the lifetimes of its directors, officers, etc.). The corporation can initiate a legal suit, as well as be sued. The corporation may also have the status as a separate tax payer. Many of these attributes are considered advantages of this form of business organization. However, the multiple levels of management (shareholders, directors and officers) will present certain administrative requirements for you in operating the business.

Limited Liability Companies:
The basic "creation" documents for a Florida Limited Liability Company (or "LLC") will include the Articles of Incorporation and the Operating Agreement. The management structure of the entity is designated in the Operating Agreement. The owners of the LLC are called members. Liability of members of the LLC is generally limited to each member's investment in the LLC. An exception to that protection from personal liability can arise in the event an individual member engages in unlawful actions in relation to a claim against the LLC.

If you are thinking about starting a business, contact Wood, Atter & Wolf, P.A., to speak with a business attorney and discuss the advantages and disadvantages of the various business organizations.

In May, Sports Clips reached a billion dollars in haircuts. While only franchising for 16 years, Sports Clips is the number one hair care provider for men’s and boy’s haircuts. With over 780 stores in 38 states, Sports Clips continues to grow with 120 new stores projected to open this year. By focusing on a niche market, Sports Clips has been able to create and refine the haircut experience. In recent years, Sports Clips has ranked in the top 10 in Forbes’ Top 20 Franchises to Start and in the top 50 “fastest growing” franchises in Entrepreneur Magazine’s Franchise 500.

One unique business practice which has lead to Sports Clips' success is its use of non-exclusive licensing agreements. Through careful use and implementation of non-exclusive licensing deals, Sports Clips has partnered with organizations such as the NBA, MLB and NHL. Often times, these organizations are seen as having competing business interests and often employ the use of exclusive licensing arrangements. Non-exclusive license agreements typically have less restrictive terms binding one or both of the parties. However, in exchange, these agreements are usually much less profitable for one or both of the parties than an exclusive licensing deal.

To learn more about this article, visit Sport Clips Reaches "Billion Dollars" in Haircuts.

Continue reading "Sports Clips-A Growing Franchise" »

Since Blockbuster Video filed bankruptcy back in September, its stock price has fluctuated from 4 cents to 23 cents, yet some investors are undeterred and still purchasing those shares.
This is not a new investment strategy; for years investors have bought stock in bankrupt companies with the hope there will be money remaining once all the company's creditors are repaid.
Some investment analysts view this as very risky, given that when a company files Chapter 11 restructuring, shareholders are the last to be paid. Therefore, unless the creditors are fully satisfied, shareholders will receive nothing.
In 2009 and 2010, only 4 out of 41 public companies delivered returns to shareholders after emerging from bankruptcy.

To learn more about this article, visit Why People Buy Stock in Bankrupt Companies.

Continue reading "Is Buying Stock in a Bankrupt Company Worth the Risk? " »

Only a few weeks after announcing its planned 3 for 1 stock split, CSX revealed during its annual conference that it expects yearly double-digit growth in its per share earnings and income through 2015.
Through a press release issued on Wednesday, the Jacksonville based railway company expects a growth rate of up to 20 percent in share earnings per year, as well as annual operating income growth of approximately 14 percent. CSX also reaffirmed its goal to reinvest an average of 18 percent of its revenue back into its various business systems through 2015.

To read more on this article, visit CSX Expects Double Digit Growth Through 2015.

Continue reading "CSX Projects Continued Growth Through 2015" »

Blue Cross Blue Shield, one of Florida's largest insurers, announced its plan to enter Florida's Medicaid market. A spokesperson for the company stated that the timing is right, especially considering the Legislature's recent decision to expand Medicaid's role statewide.

Presently, the timeline as to when the company will make the official transition is unknown. Check back periodically, as we will continue to provide updates as more news emerges.

To learn more about this article, visit BCBS Enters Medicaid Market.

Continue reading "Blue Cross Blue Shield to Enter the Medicaid Market?" »

Jacksonville gas prices rose 9 cents over the past week, and analysts expect prices to continue rising. The average cost of a gallon of regular-unleaded in Jacksonville is $3.71, up from $3.62 a week ago.
The reasons for this spike and the expectations of continued increases are a weakened U.S. dollar combined with the ongoing turmoil in the Middle East and Africa. In addition, these same analysts expect gas prices to continue escalating over the summer months.

To read more on this article, visit Jacksonville Gas Price Jumps 9c.

Continue reading "Jacksonville Gas Prices Jump Almost 10c in a Week" »

The future of Smartphones may be at risk due to the rise in sales of tablets, not laptops, as some analysts predict.

Analysts also state that laptop and netbook sales will be hampered for a short period, while consumers discover the capabilities of a tablet. Since most individuals use their smartphones for media and data instead of calling features, many consumers are expected to choose tablets due to the smartphone's storage capacity and prices. With smartphone prices ranging from $200 to $600, industry analysts suggest upgrading to a tablet that has a screen three times the size?

According to a 2008 Nielsen survey, consumers are texting more frequently than making voice calls, and their data usage has increased exponentially. There are many who view the smartphone as a smaller tablet, putting it in the same market, which could start to diminish smartphone sales.

To read more on this article, visit Size Matters: Tablets vs. Smartphones.

Continue reading "Smartphones vs. Tablets, Which Product Will Reign Supreme?" »

The Securities and Exchange Commission has announced its intent to bring charges against Wachovia Corp. for assessing usurious fees against its investors for collateralized debt obligations (some of which containing mortgages).

Wachovia, now owned by Wells Fargo, is the third-largest bank in Northeast Florida, and is set to complete its transition from Wachovia to Wells Fargo by June of this year.

To read more on Wachovia, visit Wachovia Set to Complete Transition to Wells Fargo.

Continue reading "SEC Set to Bring Charges Against Wachovia" »

Groupon recently announced it will continue its marketing campaign based on provocative ideas in order to reach new users and markets. This announcement comes as a surprise to some marketing analysts, as the company recently pulled a commercial that originally aired during the Super Bowl. The ad drew criticism for making light of the current repressive climate in Tibet, forcing Groupon to issue an apology.

Groupon is eager to attract new users, as it is considering an IPO (initial public offering) later this year. The company derives its revenue by alerting its more than 50 million subscribers to daily discounts of up to 90% at local businesses and retaining a portion of the proceeds.

To read more on this article, visit Groupon Chief Defends Marketing Approach.

Continue reading "Groupon Defends its Marketing Strategy " »

A contingent of Bank of America shareholders filed suit against the bank on Monday over its foreclosure paperwork practices. The complaint alleges the bank did not properly record mortgage documents as the bank either originated or acquired them. This failure to properly record created unreasonable complications when foreclosure actions became necessary.

The suit also states that the bank's mortgage documentation problems, insufficient staffing levels, and evidence that its employees failed to properly review loan documents before approving foreclosures contributed to the bank's decision to freeze foreclosures in October. Therefore, the bank's top management stand accused of breaching fiduciary duties, corporate mismanagement, and wasting corporate assets.

To read more, visit Shareholders sue BofA over foreclosure practices.

Continue reading "Bank of America Sued by Shareholders " »

Saft America Inc., the domestic arm of the French high-tech battery manufacturer, will be relocating its headquarters from its current North Carolina location to Jacksonville. The jobs associated with this most recent announcement will add to the more than 300 jobs already expected once the new $200 million Jacksonville plant opens in July.
Cornerstone Regional Development Partnership's Jerry Mallot stated that locating Saft's headquarters in Jacksonville will give the city "a better shot of gaining new investment opportunities as the company expands."
The Westside plant is said to be the company's most expensive and advanced facility, focusing on production of lithium-ion batteries for solar and wind power storage. Saft was awarded over $90 million in federal stimulus funding, which facilitated the construction of the Jacksonville plant.

You Can Read More by Visiting Saft Picks Jacksonville for Headquarters.

Continue reading "Jacksonville Chosen as Tech Company's New US Headquarters" »

Wells Fargo acquired Wachovia back in 2008 during the peak of the financial meltdown. Since that time, consumers and analysts alike have wondered when Wachovia would actually transition and take on Wells Fargo's name.
All of Wachovia's signage and systems for North and Central Florida, as well as Greater Tampa, are set to change over to the Wells Fargo brand by the end of June. The rest of Florida is set to complete its conversion by the end of July.
Following the merger, Wells Fargo became one of the largest banks in the world, and the third largest in Florida. It also operates over 9,000 commercial branches and 12,000 ATM's nationwide.

Continue reading "Wachovia Set to Convert Name to Wells Fargo" »

AT&T has announced its intent purchase T-Mobile for $39 billion. The purchase would create the largest wireless carrier in the U.S., with an estimated 130 million subscribers. T-Mobile's current parent company, Deutsche Telekom, released a statement explaining that the deal has been approved by both companies' Board of Directors. However, the deal must first be approved by the FTC and SEC. Some critics are skeptical that the deal will ultimately be approved, pointing to the current lack of choice in the U.S. cellular market. Others claim that the U.S. has one of the most competitive markets around, stating that in 18 out of the top 20 markets, consumers can choose between 5 or more providers.

To learn more about this article, visit AT&T buys T-Mobile USA for $39 Billion.

Continue reading "AT&T Wishes to Acquire T-Mobile" »

When deciding on whether or not to invest in a franchise, it is important to make a thorough evaluation of the franchise. The top three things to consider when evaluating a franchise are hidden costs, markets and marketing, and finances. The main mistake most people make when evaluating a franchise is to not considering all the costs associated with starting the franchise. Also, most forget to figure in the startup lag that may be from a few months to a year. When sitting down to evaluate a franchise, make sure to pay attention to the business plan for marketing costs and the breakdown of competition. Also, do not forget to take a look at the franchisor’s financial history. While it is important to know the future finances, it is also important to know the growth patterns and evaluate how the franchisor makes its money.

As the old saying goes, “knowledge is power.” Make sure to take the time and thoroughly evaluate a franchise before making a big investment.

Another matter to consider when starting a business, such as purchasing a franchise, is how you should set up your ownership structure. To read more on this article, visit How to Choose the Right Ownership Structure.

Continue reading "What are the Top 3 Tips for Evaluating a Franchise? " »

Stein Mart is a retail chain, headquartered in Jacksonville, Florida. The company recently posted a net income of almost $19 million for the fourth quarter, which ended on January 29, 2011. This is a significant jump in revenue given the company's fourth quarter net for last year totaled less than $3 million.

In 2009, the company began closing underpeforming stores, while in 2010 the retailer focused on opening stores in existing markets. Stein Mart's CEO, David Stovall, stated that they will focus on attracting new customers in 2011.

For more on this article, visit Stein Mart profit skyrockets for 4Q, 2010.

Continue reading "Stein Mart Posts Major 4th Quarter Profit" »

Recently, current St. Joe Co. CEO Wm. Britt Greene released a statement to employees in response to the news of shareholders taking action against the embattled real estate developer. In addition, two members of its board of directors resigned after only six weeks of service. Greene assured the employees that despite these recent events, the company is still viable and "financially strong."

The company, in recent months, has modified its corporate bylaws and hired Morgan Stanley as its new financial adviser in an effort to further protect the interest of its shareholders.

Continue reading "The St. Joe Company Reassures Employees/Public of its Financial Strength" »

Have you recently quit or been fired from your job? Did you have health insurance through your employer?

COBRA is a form of insurance that provides "qualified beneficiaries" with health insurance coverage following a "qualified event," such as quitting your job or being terminated.

These determinations are not difficult to understand but do require attention to detail. A qualified beneficiary has 60 days from the time of the qualified event to elect whether or not to continue with COBRA coverage. Let's repeat that - 60 days. If you miss the deadline, you are out of luck.

Once the employee has elected coverage, he or she then has 45 days to pay the first premium. This premiuim payment is going to be much higher than what you are used to because COBRA "plans"can charge up to 102% of the premium rate.

If you file a claim before your first premium is paid, you will most likely have to pay these expenses out of pocket at an uninsured rate and then request reimbursement after the premium is paid. Your employer's plan may state otherwise, so check with your employer prior to taking a "high-expense step" that could wait until COBRA coverage is confirmed and paid. After activation, you should be reimbursed for those expenses according to the plan guidelines if you elected for COBRA coverage.

Employers have an obligation to provide employees notice of their COBRA rights in a timely manner. If you were covered by a health plan while employed, but do not receive a COBRA notice from your former employer after termination - call the HR department and request the notice.

Continue reading "When Fired, How Can I Get Medical Coverage?" »

Gerdau Ameristeel Corporation, headquartered in Ontario, Canada, was recently bought out by Gerdau S.A., a Brazillian entity. Gerdau Ameristeel was publicly traded on the New York Stock Exchange before the sale, now it will be a wholly owned subsidiary of Gerdau S.A. and will no longer be publicly traded. Gerdau Ameristeel owned the last steel mill in the state of Florida. For more information, visit Court Approves Gerdau Ameristeel deal.

Gerdau Ameristeel has a Baldwin, Florida plant that employs about 300 workers and is a major employer in the Florida town. Gerdau Ameristeel is the second largest minimill steel producer in North America. Its Baldwin facility is part of an integrated network of minimills, steel scrap recycling and distribution lines providing steel to a variety of industries such as construction and cellular and electrical transmissions. Shareholders approved the $1.6 billion deal and an Ontario Superior Court of Justice approved the acquisition last week.

Continue reading "Last Steel Mill in Florida Bought Out " »

If you are a Florida employer, you need to know both the state and federal laws that govern a company's relationship with its employees. Some key considerations are:

At-Will Employment – Florida employees are considered to be "at will", and can be terminated for any legal reason; but there are many exceptions to this rule. Florida employees who have employment contracts are not considered "at will" employees, and can only be fired for reasons outlined in the contract.

Workplace Safety – even though Florida repealed its Occupational Safety and Health Act in 2000, employers must still provide a work environment that is free of known hazards that result in serious injury or death.

Workplace Injury – in Florida, injured employees receive automatic compensation benefits for on-the-job injuries, which are considered to be the exclusive remedy against the employer, even in the event of employer negligence.

Discrimination/Wrongful Termination – Florida employers are not allowed to terminate or discriminate against employees on the basis of race, age, sex, religion, national origin, disability or pregnancy.

There are many other Florida employment-related regulations that employers need to follow, including some governing pre- and post-employment behavior.

For more information on Florida employment law, contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida business and tax law firm.

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" »

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" »

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.

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.

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.

Non Compete Agreements have been a part of American businesses for a long time - Non Compete and Non Solicitation agreements are used (as a condition to hiring and sometimes as a condition to retain a job) to protect companies trade secrets, systems and client lists. The use of the Agreements prevented employees from learning the business from the employer, then resigning and going into competition with the employer. That seems okay, doesn't it? However in the current economic market, it is more likely that the employee was "downsized" and is now simply trying to use his training to support his family in tough times. Now the Non Compete and Non Solicitation agreement seems a bit unfair - however, the new facts don't change the enforceability of the document. Non Compete Agreements can affect all levels of employees, but make the news when high-level executives get tripped up.

In mid 2009, coffee store giant, Starbucks, claimed that their former Senior Vice President, Paul Twohig of Hilton Head, South Carolina, violated his non-competition agreement when he accepted a position with rival coffee shop, Dunkin' Donuts.

Starbucks filed a suit attempting to block Twohig from working at Dunkin' Donuts until eighteen months had passed, as stipulated in the non-competition agreement he allegedly signed when joining Starbucks in 2004. Starbucks claimed that Twohig had intimate knowledge of the company's branding and marketing strategies that, if passed on to Dunkin' Donuts, would cause irreparable harm to Starbucks. Starbucks also asked Twohig to return the severance pay he received from them and to pay damages and attorney's fees. Dunkin' Donuts was not named in the suit. In this case the employer and employee were able to resolve the matter outside of the coutroom and in November 2009, Twohig settled with Starbucks and reportedly paid $500,000 to settle the dispute.

There are restrictions on the enforceability of Non Compete and Non Solicitation Agreements in Florida and both employees and businesses should review those restrictions before signing such Agreements.

If you have a question about Non Compete and Non Solicitation Agreements, For your business law needs, please contact Jacksonville, Florida attorneys Wood, Atter & Wolf, P.A. for legal counsel.

Find out more about this story at Dunkin' Donuts executive settles with Starbucks.

June to November is hurricane season in Florida and as most Floridians can attest, a hurricane can cause hardships that last long after the winds have died down. These can include difficulty finding essential items like gasoline or other fuel, food, water, and shelter for purchase. Under Florida Law, it is illegal for businesses to charge excessive prices for these items in the wake of an emergency; any price increases must be justified by an actual rise in the cost to procure or sell the item.

Once the Governor declares and emergency for an approaching storm, the price gouging law goes into effect. Under Florida law (Fla. Statutes 501.60) price gouging is prohibited during a State of Emergency. In most hurricane landfalls or near misses, a State of Emergency will be declared. The statute protects residents from gouging on "essential commodities." Florida residents are actively encouraged to report price gouging to the Florida Department of Agriculture and Consumer Services hotline at 1-800-HelpFLA.

When a hurricane or other disaster strikes, Floridians need to stick together to help each other out, not take advantage of people when they are the most vulnerable. This law serves as a powerful deterrent for greedy business owners who might be tempted to make a quick buck off of someone else's misery. Read more about hurricane emergency statutes available to Governor Crist at Tropical Storm Ida brings warnings about price-gouging.

Continue reading "Florida Governor Charlie Crist Reminds Business Owners That Price Gouging is Illegal in the Aftermath of a Hurricane" »

IBM's mainframe computers were introduced in the 1960's and are now used to process sensitive financial, government and health care data. IBM's rivals – mostly smaller companies trying to run IBM software on cheaper hardware – have accused Big Blue of illegally freezing them out of the mainframe market by making their mainframe operating software inoperable with non-IBM mainframes. The rivals, represented by the The Computer and Communications Industry Association, allege that IBM is deliberately locking out competition in violation of US antitrust laws. IBM has stated that they believe they are "fully entitled to enforce our intellectual property rights and protect the investments that we have made in our technologies."

United States antitrust law prohibits unfair business practices, including anti-competitive behavior. Antitrust laws make certain practices illegal that are deemed to harm either other businesses and / or consumers. If you believe that your business has been a victim of a monopoly illegally protecting its dominant market position, contact Wood, Atter & Wolf, P.A. for legal counsel.

You can read more about the case by visiting Justice Dept probing IBM's computer market conduct.

A class-action lawsuit has been filed against T-Mobile, Microsoft and its subsidiary, Danger, after a server glitch In October 2009 disrupted T-Mobile "Sidekick" cell phone users' data service.

The lawsuit alleges that the companies were negligent and that they did not follow through on advertised promises that customers' data would be secure. At first, Microsoft informed customers that their personal data may have been lost forever, but two days after the suit was filed Microsoft announced that most of the data had been recovered. The recovery of the data could negate most of the damages the plaintiffs in the class action suits would be able to claim. However, some Plaintiffs have stated that neither their data nor the data of other class members had yet been restored.

With more personal information being transferred digitally than ever, it is critical for companies to protect that data with advanced security measures.

Find out more about this story at Sidekick outage lawsuits now up in air.

Continue reading "Server Outage Wipes Out Customers' Personal Call Phone Data, Triggering Class Action Lawsuits" »

As many as 100,000 homes across the country may have been built with defective Chinese Drywall. The drywall has been found to emit sulfide fumes, which can corrode pipes and wiring and cause health problems such as skin irritations and respiratory problems. At least two Florida home insurance providers have threatened to cancel or not renew policies of affected homeowners.

Citizens Property Assurance Corporation and Universal North America have stated that they are not required to cover the cost of removing and replacing the drywall and corroded wiring and piping, which could add up to as much as $100,000 for an average home. The companies have cited clauses in policies that exclude damage caused by "pollution" or "builder defect."

Citizens advised policyholders who have filed claims for damages that they must provide proof that they have replaced the drywall or their policies will not be renewed as the corrosive effects of the sulfur will likely cause further damage to the home. Universal North America, Florida's 12th largest home insurer, dealt with at least one claim by cancelling the homeowner's policy outright.

Policy holders have been put in a difficult position; if they report the defective drywall they may be required to replace it or risk losing their coverage. Builders who installed the defective drywall may be held liable for replacing it. Each may also have recourse with the distributor or manufacturer of the product.

Find out more about this story at Insurers Drop Drywall Victims.

Continue reading "Defective Chinese Drywall Leaves Some Florida Homeowners Without Insurance" »

A former employee, Darrol Olsen, of Lockheed Martin Corp, a major US defense contractor, has claimed in a federal whistleblower lawsuit that the F-22 Raptor stealth jets the company was building for the US defense department were knowingly finished with a defective stealth coating. President Barack Obama ended the production of the jets in 2009, following the advice of critics who said that it was ill-suited for the wars in Iraq and Afghanistan. Each jet cost the US $140 million.

Olsen was fired from the company in 1999. The false certification and concealment of negative testing results was alleged to have taken place between 1995 and 1999. Olsen also claims that he was told to mind his own business when complaining about his suspicions of false certifications to his superiors. In the lawsuit, Olsen claims that Lockheed added extra layers of coatings to the jets so that they would pass air force tests. Apparently the coating would rub off if it came in contact with oil, fuel or even water. The extremely thick coating added to cover up the problem allegedly affected the jets’ speed and maneuverability.

Olsen is suing Lockheed to pay $50 million to the US government for each jet included on the contract. Find out more about the F-22 Raptor Stealth Jet Ex-Lockheed engineer claims F-22 tech 'defective'.

AT&T Inc. has accused rival cell phone carrier Verizon Wireless of deceptive trade practices. They are suing Verizon for implying that AT&T has far less nationwide coverage than they actually do, saying a Verizon ad campaign may be misleading customers. AT&T is asking for a permanent injunction to stop the ads, saying that they are suffering irreparable harm as a result of the commercials.

The ads in question compare Verizon’s 3G coverage to that of AT&T, showing maps of the US with coverage highlighted in blue for AT&T and red for Verizon. The Verizon map is almost completely red, where the AT&T map is sparsely freckled with blue dots. The problem is that the maps make it look like AT&T has far less coverage, when in fact they offer regular (non-3G) coverage in many areas where 3G is not available.

Verizon attempted to appease AT&T by taking out language in the ad saying that AT&T customers are “out of touch” in areas that do not have 3G service. Verizon also added an extra line to the ad saying that both “voice and data services are available outside of 3G coverage areas.” Verizon believes that the changes are sufficient. AT&T does not.

Now it will be up to a judge to decide whether the ads are misleading or not. If your business has been the victim of false advertising, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Find out more about this lawsuit and its implications at AT&T to Verizon: There’s a lawsuit for that.

American Express has announced that they will be acquiring Revolution Money, formerly GratisCard, for a price of around $300 million. Revolution Money is a secure online payment company that was launched two years ago by AOL founder, Steve Case. The company securely authorizes online transactions by using PIN numbers instead of names or account numbers. Account holders can exchange money with each other free of charge. The company is considered a major competitor to PayPal.

American Express has said that they are acquiring the company in order to keep up with cutting edge payment technologies that are evolving in the marketplace. The move is designed to help them extend their leadership beyond traditional payments and into the online payment space. The deal is slated to go through in 2010.

Revolution Money will operate as a unit of American Express, with Revolution Money CEO, Jason Hogg, acting as the new unit’s president and CEO, and Revolution Money Chairman, Ted Leonsis, acting as a special advisor on online payment strategy to American Express. Find out more about the deal at American Express to Buy AOL Co-founder’s Revolution Money.

If you are considering a merger or acquisition, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Philip Morris USA is the largest tobacco company in the US. The company recently lost a lawsuit brought by a Florida woman with emphysema. A jury in a Broward County, Florida court found in favor of the plaintiff, Lucinda Naugle, and awarded her compensatory damages of $56 million and punitive damages of $244 million.

The lawsuit was made possible by a Florida Supreme Court decision in 2006 that de-certified a class action suit, allowing individuals to file their own suits against the company. In that decision, the supreme court specifically allowed plaintiffs to introduce factual determinations from the original class action case as established fact in their own cases. Ms. Naugle’s award is the largest stemming from the Supreme Court decision.

Ms. Naugle, now 61 years old, stated that she started smoking at the age of 20, and gave it up at the age of 45. The jury did find Ms. Naugle 10% at fault, meaning that Philip Morris must pay only 90% of the compensatory damages. Philip Morris plans to seek further review of the verdict, saying that the verdict was affected by erroneous rulings by the judge in the case. Find out more about this large Florida verdict against a tobacco company at Philip Morris Must Pay Smoker Almost $300 Million, Jury Says.

If you have questions about business law please contact Wood, Atter & Wolf, P.A. for legal counsel.

If you ask Florida business owners about the social media phenomenon, you will find out pretty quickly that social media is not just for teenagers and college students anymore. Businesses around the world and throughout Florida are embracing social media outlets like Twitter, Facebook, Flickr, and MySpace as a very effective way to meet and market to potential customers.

As tweets, posts and instant messages outpace email as the favorite method of communication, Florida Sunshine Law watchdogs are keeping a sharp eye on the social media sphere. They want to ensure that all public records remain public and that they can be tied back to the public official who generated them.

Just last year a large number of previously secret text messages sent between staff members of the Public Service Commission and Florida lobbyist groups came to light and were made public under the Sunshine Law. Florida Attorney General Bill McCollum has since announced that his office would keep a record of all Blackberry messages sent to or from state-owned phones. McCollum has also set up a task force to compile a report on which social media communication methods should be made part of the public record.

Read more about how business use of social media is affected by the Florida Sunshine Law at Businesses find Facebook, Twitter useful. 

If you live in the Jacksonville, Florida or Orlando, Florida area and have about social media and the law, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Due to a cooker malfunction at one of the company’s plants located in Paris, Texas, Campbell Soup. Co. has decided to recall 15 million pounds of SpaghettiOs with meatballs. Three varities have been recalled, each of which are highly consumed by children:  SpaghettiOs with Meatballs, SpaghettiOs  A to Z with Meatballs, and SpaghettiOs Fun Shapes with Meatballs (Cars).   The Agricultural Department announced the recall late Thursday afternoon on June 17.  Certain lots of the product manufactured back in 2008 are even being recalled, stated Campbell spokesman, Anthony Sanzio.  Although officials believe the cooker malfunctioned recently, they are not certain. 

Out of an abundance of caution, lots of the product manufactured from between December 2008 and June 10, which were distributed nationwide, were recalled. Presently on the market, the company believes there are 35,000 cases of SpaghettiOs subject to recall.  The USDA announced the 15 million pound recall because that is all of the product that has been produced since 2008; while most of it has likely been consumed, the Company has elected to move to address the issue.

To read more about this incident see 15 million pound SpaghettiOs recall.

Recalls can affect a business’ reputation, good will and customer sales.  Contact Wood, Atter & Wolf, P.A. to discuss how to protect your business in the event of such an incident.

CVS Caremark Co. and Walgreen Co. have settled a contract dispute, which, if left unresolved, would have prevented thousands of customers from getting their prescriptions filled at Walgreen. Walgreen has 7,500 outlets and is the largest U.S. drugstore chain operator. The two companies negotiated a multiyear deal but no terms were disclosed by either company. The partnership between CVS and Walgreen allows people whose prescription drugs benefits are handled by Caremark to be reimbursed for prescriptions filled at Walgreen’s pharmacies. Caremark contracts with employers and handles the drug benefit parts of their health plans, paying pharmacies to fill prescriptions. Caremark saves money by negotiating volume discounts.

On June 7th, Walgreen stated that it planned to end their relationship with CVS gradually. However, on June 9th, CVS Caremark said the company would exclude Walgreen from its network in a month. If this happened to be the outcome, starting July 9th, Walgreen customers whose prescriptions were managed by Caremark would have had to fill their prescriptions at stores (such as CVS, Kroger, or Safeway) if they wanted to be reimbursed for their drug costs.

The settled dispute between the two companies was a positive outcome. Kermit Crawford, executive vice president of pharmacy for Walgreen, said in a statement that, “the agreement makes good business sense … and assures choice and convenience [to customers].” Shares of both companies rose 3% the morning of June 18th.

To read more details about the settled dispute see CVS and Walgreen negotiate contract dispute.

If you are engaged in a contract dispute, contact Wood, Atter & Wolf, P.A. to negotiate a contract dispute your business may be dealing with. It is important to seek legal counsel to protect your interest and ensure future business.

Government researchers say that the red snapper, which is concentrated near the Jacksonville coastline, is dangerously overfished and that the species is nearing collapse. Because of their report, the South Atlantic Fishery Management Council has imposed a no-catch zone that makes fishing for any fish species illegal in order to prevent red snapper from being caught accidentally.

While a government official has said that controlling fishing near Jacksonville is essential, the ban is sure to hurt business for local fishermen. Commercial fishing interests in North Florida and South Georgia are expected to lose millions of dollars due to the closure.

A temporary, stopgap ban has been in effect for two months while the Council develops its final restrictions. That measure has already had a profound effect on local businesses. Charter boat operator Becky Hogan testified before the Council, saying that her first quarter earnings have fallen from $62,000 to just over $1000. Other fishermen also testified that the ban is putting them out of business.

Council members are continuing to attempt to appease fishermen; a recent change has shrunk the proposed area of the ban, but only off the coast of South Carolina. Read more about the red snapper fishing ban off the coast of Florida at No-fish zone change won’t help Florida, Georgia anglers.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

In 2005, when the real estate market was booming, Yellow Bluff Development LLC asked the Jacksonville City Council to create the Tison’s Landing Community Development District. In turn, the district issued nearly $40 million in bonds to pay for roads, drainage, water lines, streetlights and a neighborhood recreation center for the nearly 700 home community that Yellow Bluff planned to build at Tison’s Landing.

Under Florida state law, the developer is responsible for repaying the bonds at first, but may shift responsibility to property owners via assessment over a thirty year period. Since home sales have not materialized, Yellow Bluff has now failed to pay its annual assessment to the district. Therefore the Tison’s Landing Community Development District has declared Yellow Bluff in default and filed a foreclosure suit in Duval County Circuit Court. The move by a development district to foreclose on a developer is very rare in Florida. The development district plans to foreclose on the land and find a buyer for the property.

While Yellow Bluff did not file an objection to the foreclosure, Mercantile Bank, which holds a mortgage on the Tison’s Landing Property, filed a challenge, saying that Tison’s Landing Community Development District must wait a full year after a missed payment to foreclose. Read more at Community development district files suit after Florida developer doesn’t pay.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

The Beaver Street Enterprise Center is a small business incubator that opened its doors in Jacksonville, Florida in 2003. It was established by the nonprofit group, FreshMinistries, to nurture small businesses by providing entrepreneurs with reasonably priced office space, mentoring services and opportunities for networking with other business owners.

In the incubator’s first year, fifteen fledgling businesses provided jobs for sixty two Floridians. By 2007, the center’

s businesses provided almost five hundred jobs to Florida residents, most of them from Jacksonville. The total revenue produced by these businesses has grown to close to $10 million.

Successful businesses to come out of the incubator include A. Harold & Associates, Xeye, Inc., and a Burger King Franchisee who owns six Burger King stores. The University of North Florida’s Small Business Development Center also has a presence there. Most come for the $10 per square foot office rent, but stay for the networking and relationships. Entrepreneurs credit the center with providing them the focus they need to build their businesses, the contacts with other business owners who can provide guidance, and the opportunity to meet local bankers who can help finance their operations.

The Beaver Street Center is currently home to fifteen small business tenants, and has room for two more. The Center also supports fourteen home-based businesses with shared office space, equipment and training. In addition, the Jacksonville Hospitality Institute offers a nine-week course, held in the Center, which prepares students for a career in hotels or restaurants.

Find out more about this small business incubator at Jacksonville small businesses get chance to grow on Beaver Street.

If you live in the Jacksonville, Florida or Orlando, Florida area and run a small business, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

William Berta has lived in his Sarasota, Florida home for several decades. He runs a local business, he collects benefits from Veteran’s Affairs, and he pays his water and power bills every month. Despite all these facts, Wells Fargo Bank was able to convince a judge that Berta had abandoned his home, allowing the bank to foreclose on the home, take possession of it and sell it at auction. No one blinked an eye when the process server who notified Berta in person of the eviction found him living at the very home he had supposedly abandoned.

Berta of course knew that he was behind on his mortgage payments, but had contacted HOPE NOW, a federal mortgage-counseling agency; the agency had told Berta that they were in negotiations with Wells Fargo to lower his mortgage payments.

Berta feels that the sloppy legal work done on his case is tantamount to the bank stealing his home and there is much concern in Florida that the overwhelming number of foreclosure cases in the system could cause more of these mistakes to happen.

According to Florida law, a mortgage lender used to be allowed foreclose without notifying the homeowner, as long as it advertised the foreclosure in the newspaper and provided a sworn affidavit to the courts stating that it could not find the homeowner. But new rules are requiring lenders to explain the methods they have used to find the homeowner so that a judge can determine if they are adequate.

For its part, Wells Fargo has claimed that they visited Berta’s home with papers on several occasions, and sent him numerous notices through the mail. Wells Fargo has indicated that Berta will be allowed to stay in his home as long as he qualifies for one of the bank’s loan mitigation programs. A judge has approved a motion to set aside the sale of Berta’s home; he will now have a chance to defend himself against the foreclosure.

You can read more about William Berta’s foreclosure case at Sarasota Homeowner Narrowly Averts Abrupt Eviction After Bank’s Sloppy Foreclosure.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact Wood, Atter & Wolf, P.A. for business legal counsel.

Allied Veterans of the World is a non-profit organization that raises money for veterans. Part of their fundraising strategy in Florida has involved running Internet cafés that take advantage of a loophole in Florida sweepstakes legislation to offer online gambling. Their cafés have been raided and shut down by police in several Florida counties, including Seminole, Marion, Jackson and Pinellas.

They recently filed a lawsuit asking the state of Florida to declare that the cafés do not violate Florida state law. But the circuit court judge threw out the case, saying that local sheriffs are not arms of the state, meaning that Allied Veterans of the World will have to fight for the right to stay open in each of the individual counties where they are attempting to operate. They currently operate twenty five cafés across the state of Florida.

In related news, a lawsuit brought against Allied Veterans of America by Jacksonville Greyhound Racing Inc. will be allowed to proceed. The lawsuit alleges that Allied Veterans of the World is violating Florida's Deceptive and Unfair Trade Practices Act and Florida's Civil Remedies for Criminal Practices Act and that the establishments are a "common nuisance" under Florida Statutes.

Jacksonville Racing is seeking to have all of the cafés shut down and is asking for damages and legal costs. You can read more about the two lawsuits at Tallahassee judge tosses out suit over Internet cafes.

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

The world's largest retailer, Wal-Mart, has settled a class-action lawsuit for forty million dollars. The suit was brought by former and current employees of the company from the state of Massachusetts, and included about 87,500 claimants. They claimed that Wal-Mart deprived them of breaks, failed to pay earned overtime and changed employee timecards to lower their pay. The settlement is the largest of its kind in state history. Anyone working at Wal-Mart between 1995 and the date of the settlement will receive a check from the settlement. The average claimant is expected to receive $734.

The lawsuit is very similar to many other cases that have been brought against Wal-Mart across the country. Wal-Mart has denied the charges in all cases, but has agreed to pay up to $640 million to settle 63 federal and state class action lawsuits regarding wages and hours worked by employees. The Massachusetts case was not part of that larger settlement.

Lawyers for the workers are pleased with the settlement, but felt it could have been bigger. They hope that this case will serve as a warning to other employers to take worker pay seriously. For employers who follow the law, they will now benefit from an even playing field. Read more about the settlement at Wal-Mart will pay $40m to workers.

If you have a question about legal employment practices in the state of Florida, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Most business owners know that they need property and liability insurance. But what would happen if your place of business suffered an accident that kept you out of business for some time? You could continue to owe salaries and rent while you are trying to get back in business.

The insurance that covers you for these costs is called business-interruption insurance, and many business owners don't realize what a mistake it is not to have it until it is too late. Entrepreneurs need to make sure that they are informed and careful when purchasing insurance, not just buy the insurance required by the terms of their lease.

Before picking out insurance, it is important to pick out a qualified and trustworthy insurance agent. One way to determine which insurance agent to select - ask a trusted fellow business owner with similar needs and risks. Once you have selected a few agents you like, ask them for bids. If you're grossing less than $3 million, you will probably end up with a business owner's policy (BOP), which bundles a set of policies and allows you to add to it as needed.

If you have more than a few employees, there are four policies you can't do without: workers' compensation, property insurance, general liability insurance, and business interruption insurance. To read more about how to make business insurance decisions, visit Buying the Best Insurance for Your Business.

If you are a small or medium business owner, 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.

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.

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.

Venture capitalists are flocking to green-technology companies to get a cut of the action. Approximately $1.59 billion dollars have been sunk into environmentally-friendly corporations worldwide in the third quarter of 2009. These businesses are developing clean systems ranging from solar panels to electric vehicles.

The government is also investing heavily in these firms through loans, grants, and subsidies. Hopefully, this will become a trend as opposed to a flash in the pan undertaking. Clean technology now takes up around 27% of venture investment.

I, for one, welcome anything that could help loosen big oil's stranglehold on the energy market! It clearly makes sense to find new sources of energy as the world's supply of fossil fuels is being depleted at an alarming rate. Especially here in Florida, we also need to look at the impact we're having on the environment, more specifically our waterways and the Everglades!

How do you feel about green technology? Please post your comments or contact me to discuss!

If you use noncompete or confidentiality agreements in your course of business, make sure the employees properly fill them out. A detail as minor as a signature in the wrong place may invalidate your ability to keep your trade secrets secret.

Earlier this year, IBM initiated a lawsuit with David L. Johnson, a former executive, who became employed with Dell, one of IBM's competitors. IBM claimed that the ex-exec was in violation of a noncompetition agreement as well as an agreement to protect trade secrets. As the lawsuit was pending, IBM attempted to obtain a preliminary injunction to stop Johnson from "performing duties" at Dell. IBM suspected him of using valuable trade secrets in the course of his new employment, which would be a breach of duty to IBM. However, a U.S. District Judged denied the preliminary injunction. The denial came was due in part to the fact that the validity of the agreement was questionable because it was not properly signed. Although Johnson signed the document, he did not do so in the correct place.

For more information regarding noncompete and confidentiality agreements, get in touch with an attorney to discuss your options.

In light of a declining economy, courts are less likely to enforce noncompete agreements. Such agreements protect valuable training and trade secrets by preventing employees from competing with their former employers. They are not being enforced due to the interest in allowing people to work in such tough economic times. Despite the fact that noncompete agreements are seldom enforced, companies have other means of protecting their assets.

As an initial matter, a company will audit all of its proprietary information, assess the risks involved in losing such information, and determine how an employee might misappropriate it. Once the audit is complete, the company will employ a "comprehensive protection program," which is a combination of policies and restrictive covenants as well as a consistent enforcement scheme. Restrictive covenants differ from noncompete agreements in that they can be tailored to protect specific company assets. For example a "nonsolicitation agreement" prohibits an ex-employee from contacting the employer's clients. In this manner, the company will not lose clients when a key member of the sales staff defects to a competitor. Another example of a restrictive covenant is a "forfeiture agreement" wherein the employee's benefits from the company cease upon termination of employment. These instruments are advantageous because they offer the most protection with the least restriction.

For more information regarding alternatives to noncompete agreements, contact an attorney to explore your options.

Companies spend millions of dollars enlisting branding firms to revitalize logos they have deemed old and tired. Potential gains include rejuvenating your brand's image, building up new good will among consumers and redefining your place in the market. On the flip side, a perfectly good brand may be tarnished by a questionable makeover.

Major players like Pepsi, Walmart, and UPS all have put their logos under the knife in recent years. It's definitely a balancing act as these businesses have to take care to maintain enough of a connection between the old and new images while modernizing their respective logos to stay fresh.

Also, think of the consumer--with familiarity comes comfort. When updating a logo, will your followers continue to be loyal? How many will turn up their noses at the changes? And for those who never liked to brand anyway, overcoming their existing bias is a gamble.

Notable rebranding misses of late include Kraft, Tropicana and Xerox. A common flaw to all of these redesigns is that they risked the unique qualities of the original in the name of "progress." A company must consider the reaction of its existing customer base as well as that of the new one it wants to bring in!

In the next segment, I'll compare the old and new looks for Pepsi! Stay tuned…

Florida businesses, take heed: you must give the public notice of your fictitious name! Here is the notice on the Florida Department of State's home page:

NEW LAW! Effective July 1, 2009, the intention to register a fictitious name must be advertised at least once in a newspaper in the county in which the principal place of business will be located. Contact your newspaper for advertising information.

What does this mean? As of July 1, 2009, you will be required to advertise your intent to register your Fictitious Name. Under the Fictitious Name Act (F.S. Title 46 Ch. 865.09), all persons transacting business under any name other than their legal name is required to register this fictitious name. However, actively licensed attorneys and those persons licensed by the Department of Business and Professional Regulation and the Department of Health are not subject to this requirement if it is for the purpose of practicing their licensed profession. Also, any commercial entity, corporation, partnership that is actively registered with the Department of State is exempt from registration under the Fictitious Name Act.

Complying with the new law is easy. A person wishing to register a Fictitious Name need only to advertise the intention to register the name in a newspaper at least once in the county where the principle place of business of the applicant will be located. No proof of advertisement is necessary; the applicant will only be ask to certify that he or she has complied with the advertisement requirement. The applicant can then register the Fictitious Name and pay the registration fees online at www.sunbiz.org. Registration is valid for five years unless the business changes owners or the owner wishes to cancel the registration. Re-registrations, Cancellations and Renewals cannot be filed online; the forms must be filed by mailing them along with the appropriate fees to the Division of Corporations.

Failure to comply with the registration requirement is a misdemeanor of the second degree and is punishable as such (F.S Title 46 Ch. 775.082 or 775.083). Additionally, if a business fails to comply with registration, the business, its members, and those interested in doing such business may not maintain any action, suit, or proceeding in any court in Florida arising out of the transaction of business by such a business until they have complied with the registration requirement. Further questions can be answered by attorneys familiar with Florida business law.

More than ever, American franchises are contemplating foreign expansion as possibilities in the United States remain stagnant. The two most populous nations in the world, China and India, are key areas for growth and feature rapidly-flourishing intermediate consumer bases.

McDonald's has long been exemplary in terms of its global franchise model. In 2009, McDonald's opened just 53 new restaurants in the U.S., whereas internationally, it opened 286 new locations. This isn't simply an aberration, but has been the trend for the last couple of years. Meanwhile, McDonald's global sales have jumped 7.2%!

The reluctance of U.S. lenders to issue loans has hurt American franchising, but abroad, third-party investors are frequently willing to back projects financially. This becomes a mutually advantageous relationship as foreign investors reap the benefits of well-established, clearly defined American brands. People instantly recognize those double arches! In light of such symbiosis, international markets are ripe for development and can support sustainable growth.

How can your business grow in these challenging economic times? Want more tips and strategies? I do too. That's why I count on my business and franchising experts, Alpha Growth Strategies. I work closely with them to give my clients the edge in business development.

The Internal Revenue Service (IRS) of the United States has announced that it will start working closely with foreign governments to more carefully scrutinize corporate tax returns and those of the rich. The move is designed to stop corporations and wealthy individuals from getting away with "tax arbitrage," a term that describes evading taxes in one country by stashing money in another country with more favorable tax laws.

The program is part of a larger initiative to ensure that wealthy individuals and big corporations comply with US tax laws and pay their fair share. So far, the joint audits will only be held with other countries with whom the US has a treaty to do so. The IRS says they will especially be keeping an eye out for abuses of deferral of taxes on earnings abroad. The crackdown has already netted the US some return; after an investigation UBS AG agreed to pay $780 million in owed taxes.

Corporations and the rich have a duty to pay their fair share of taxes. Those that choose not to comply with US tax laws or try to stretch the rules for their own benefit may very well find themselves the target of a very thorough joint IRS / international audit. Find out more about the new IRS program at US IRS to start co audits with other nations.

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

In a recent court case, a Florida woman, identified only as Ms. Meyers, sued her former employer, Central Florida Investments (CFI), claiming that she was sexually harassed by the firm's CEO, David Siegel over a period of five years. During the time that she was allegedly being harassed by Mr. Siegel, he reportedly offered her boyfriend one million dollars in exchange for allowing Mr. Siegel to spend the night with Ms. Meyers.

Ms. Meyers further claimed that Mr. Siegel's harassment included inappropriate touching, whether they were alone together or if there were other employees present. When she complained to other executives, they did nothing to help her, and she was eventually fired in 2000. The jury in the case awarded Ms. Meyers one year's salary in compensatory damages ($102,223), and over five hundred thousand dollars in punitive damages against both Siegel and CFI. The decision was upheld as "reasonable" on appeal. Read more details of the case at Florida Employment Harassment Case "Out of a Bad Movie."

CFI executives' response to Ms. Meyers' allegations put their company at risk. So, what should have happened? Companies should establish a policy for handling complaints of sexual harassment and should ensure that the policy is enforced - from implementing a proper and immediate investigation through remedial action. The accused should be given sufficient detail about the complaint and provided an opportunity to respond. Confidentiality should be maintained to protect both the accuser and the accused from adverse workplace and personal consequences. Executives should ensure that any negative action toward the accuser is reviewed to ensure that it is not done (or could be perceived to be done) in retaliation for bringing the complaint. Employers should also consider whether the investigation should be handled by a qualified outside party to ensure fairness to the accused and the accuser as well as to provide evidence of the company's desire to handle claims of harassment in a fair and timely manner.

If you live in the Jacksonville, Florida or Orlando, Florida area and have been the subject of sexual harassment or are an executive with a company faced with a claim of sexual harassment, please contact our firm, Wood, Atter & Wolf, P.A., for business legal counsel.

In 1999, total revenue in the US from sales and licensing of music was nearly fifteen billion dollars. By the end of 2000, that figure had dropped to just over six billion dollars. In fact, the Recording Industry Association of America (RIAA) has reported a decline in revenue for nine out of the last ten years, making the first decade of the twenty-first century the first decade that music sales were lower at the end of the decade than the beginning.

Of course, the last decade saw two separate recessions, which cannot have helped music sales. And sales during the 1990's were certainly helped a great deal by consumers re-purchasing all of their favorite taped and vinyl music on CDs.

An RIAA representative cited growing pains adjusting to digital music as the reason for the decline, saying that the music industry has been trying to adapt to rapid changes in how consumers buy and listen to music. He went on to admit that the music industry has had trouble monetizing evolving music delivery methods.

Thanks to Napster and other digital file sharing sites, customers now expect to download music from the internet for free or for very little money. So instead of purchasing a complete album of music for fifteen dollars, they can cherry pick songs for one dollar each on Apple's iTunes, or use an unauthorized file sharing site to get music.

According to Forrester Research, only sixty four percent of Americans believe that music is worth paying for. Another study showed that unauthorized file sharing sites still account for 90% of downloaded music. Find out more about the music industry's struggles at Music's lost decade: Sales cut in half.

These statistics reflect the current difficulties faced by artists trying to protect their interests due to constant advances in music delivery systems, however, as a starting point, musicians and songwriters must also take the first and most basic step of protection – filing a copyright on their "creation" at the outset.

If you live in the Jacksonville, Florida or Orlando, Florida area and need to have a copyright on your music or believe your copyright has been infringed, please contact our firm Wood, Atter & Wolf, P.A., for business legal counsel.

NASA chief Charles Bolden has announced that he will actively try to attract commercial space operators to Cape Canaveral. The so-called "space taxis" would be able to take advantage of the processing and launch facilities already in place in Florida's Kennedy Space Center. Bolden said his pitch to the commercial enterprises would be that they could save money and time by using existing infrastructure instead of building their own. He also indicated that NASA would help commercial operators modify existing infrastructure for their needs.

Kennedy Space Center director, Robert Cabana, has already said that NASA will begin upgrading its existing facilities in order to attract a private space company. The Constellation Moon project was originally slated to use the center's vehicle assembly building, hangars, and cargo bays, but the new budget constraints have prompted NASA to cut the program, leaving those assets unused. The same budget is allowing NASA to spend two billion dollars over five years to modernize the facilities.

The announcement may be good news for Florida workers employed at the space center, who were likely to lose their jobs when the space shuttle program is retired later this year. It will also be good for Florida's economy to attract large businesses to the area. Find out more about this story at Bolden: Florida should be home of private spaceflight.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact our firm, Wood, Atter & Wolf, P.A., for business legal counsel.

Florida horse and dog tracks have had a hard time competing with Seminole Indian casinos. Casinos are still the only place a Florida resident can play traditional blackjack, but the track owners have persuaded the state of Florida to allow them to offer electronic blackjack to their gamblers.

The virtual blackjack game does not feature a real dealer and a green felt table, but it does offer starting bets as low as $3; the Seminole casinos start at a $10 minimum. Another major difference between the two games is the fact that the cards dealt in electronic blackjack are generated completely at random, which convinced the state to consider the games equivalent to slot machines and allow them at racetracks.

The casinos have been criticized for continuing to offer real blackjack, ever since a 2007 pact with Florida Governor Charlie Christ that allowed them to offer blackjack was invalidated by the courts. Florida Attorney General Bill McCollum has gone so far as to request that federal authorities step in to prevent the casinos from offering any so-called "banked" games. The tribe points to the licensing of blackjack at the racetracks as a clear signal that they are allowed to offer blackjack as well. Federal regulators are still looking into the issue.

In the meantime, Florida blackjack players have their choice of the real thing or the electronic version. Find out more about this story at South Florida parimutuels bet on virtual blackjack machines.

In these difficult times even non-traditional businesses such as casinos, racetracks and others in the gaming industry have hurdles to overcome in attracting a dwindling share of the market. Businesses becoming increasingly creative in securing that market share should seek legal advice to ensure that those expanded activities are in compliance with the law.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact our firm, Wood, Atter & Wolf, P.A., for business legal counsel.

A Jacksonville, Florida Circuit Judge was ordered to recuse himself from a foreclosure case brought by Bank of America's Countrywide division against Joseph W. Mines Jr. According to court records, Mines, who is representing himself in the matter, was close to losing his home when he filed a complaint against the Judge, stating that he believed an affiliate of Bank of America had given the judge a favorable loan interest rate that was not available to the general public.

The appeals court in Tallahassee, Florida required the Judge to remove himself from the case, saying that if the allegations were true they would be cause for Mines to fear that he would not receive a fair and impartial hearing. For the sake of all concerned, including the Judge, it is preferable that such matters be heard in an atmosphere free of even a suggestion of partiality. It should be noted that the Appeals Court did not say that the allegations against the Judge were true.

With the high rate of foreclosures in Florida, more cases like this one are bound to show up in the newspapers. Judges and attorneys alike need to be sure that their personal and business dealing are completely above board in order to maintain the public's trust. Read more details about the allegations at Judge in Countrywide Case Removed Over Claim of Discount Loan.

If you live in the Jacksonville, Florida or Orlando, Florida area and have a business legal matter, please contact our firm for business legal counsel.

 Gap Inc. has inked a new franchise agreement that will yield new Gap stores in Thailand. Armin Systems Limited, a retailer in Thailand, has been designated as licensee and will open the first Gap location in Bangkok in the spring of 2010.

The Gap is the biggest independent retailer and includes the Banana Republic, Old Navy, Piperlime, and Athleta brands. Along with its partners, the Gap has opened 100 Gap franchise stores plus 34 Banana Republic franchise stores in 17 countries. Across North America, Europe, and Japan, the Gap has over 3,100 locations.

Despite this already sizable network, the company is looking to emerging regions to help buoy sales as the recession has curbed spending in the United States. The Gap clearly understands the importance of spreading internationally and getting its name out to more and more areas.

On the other hand, oversaturation of markets also can be a concern so it is crucial for companies to tactically place their locations to provide the widest consumer access possible without any overlap. Remember when you couldn't walk one block without seeing three Starbucks? It was forced to scale back because it had flooded cities with shops! It's definitely a fine tuning act to open new stores without creating too much supply and is one that shouldn't be done without proper advice.

Want to strategically expand your business? A methodical franchise attorney can help you increase your branches the right way!

51 of your local Florida Winn-Dixie grocery stores have been remodeled not only on the inside, but the signs outside will be changing as well. The Jacksonville, Florida-based supermarket chain has announced that it is creating a new brand called Fresh Checked Every Day to accompany the renovations. Many of the revamped stores are located in Duval County.

Winn-Dixie currently has about a 13.3% share of the Florida grocery market, behind both Publix and Walmart. The new remodeling plan is a substantial investment, especially considering the fact that Winn-Dixie filed for bankruptcy in 2005. Some of the major changes include larger produce departments, custom sub shops, and greater selections of natural and organic foods.

While it is important to reach different demographics and appeal to a wide consumer base, a business should be careful not to cause brand dilution. For instance, Food Lion, a Mid-Atlantic grocery chain, recently spun off two new brands: Bottom Dollar and Bloom. As a result, customers now suffer some confusion as to Food Lion's identity.

Building a brand image is a long process that takes years and it shouldn't be tarnished by adding sub brands haphazardly! The key to bigger and better business is a strategic growth scheme. Consult a franchise attorney to find out where, when, and how you should expand!

In the wake of the worst American recession since the Great Depression, plummeting vehicle sales, and impending Chapter 11 bankruptcy, embattled automaker General Motors announced in 2009 that it would end franchise agreements with 1,270 dealerships across the country in 2010. Of its eight current nameplates, Pontiac will be eliminated, and Saturn, Saab, and Hummer all have been sold off.

GM stretched itself too thin and saddled itself with an inflated number of uncompetitive brands. The irony of the situation is that GM is finally showing flashes of potential and is producing desirable cars (e.g. the ZR1, CTS, and upcoming LaCrosse) after years of bad engineering, bean counting, and allowing that cut-corner mindset to adversely affect the quality of its cars.

The damage is likely to get much worse: GM is seeking to slash the number of dealerships by a total of approximately 2,400 by the end of 2010. GM failed to strategically align itself globally, made poor agreements with the United Auto Workers, and neglected to value engineering and the quality of its products above all else. GM made its own bed and has to sleep in it. Regrettably, now thousands of dealers may have to pay the price for GM's ineptitude.

Although GM launched an pathos-packed campaign (including a television commercial!) to re-new its tarnished image and gain America's support, how would you feel if you were abruptly dropped after a franchise agreement you had worked hard to negotiate and uphold? I would be livid if I lost my business due to the mismanagement and incompetence of my franchisor!

How do GM's actions strike you? Is it fair to the franchisees? Contact me to discuss!

The current proliferation of social-networking sites has been nothing short of astonishing! The two hottest sites at the moment, Facebook and Twitter, have 200+ million, and 12+ million users, respectively!

Facebook is a profile-based system, where users can post individual information, add friends, and communicate with them in a variety of ways. Twitter features the ability to tweet, which is an instant announcement to the world as to what you're up to, in 160 characters or less. Several Jacksonville businesses are capitalizing on Twitter's popularity and are utilizing the site to reach countless new customers by posting the latest, most up to date information regarding their products and services. Twitter may serve as an effective means for targeted advertising, particularly to younger clientele.

My advice for you professionals out there: don't mix business with pleasure! Sure, it's hilarious to show the world your candid camera moments at your brother's bachelor party, but your clients might not appreciate your rock star persona. At the same time, if all you tweet about is the N'th hour you have been slaving away at your desk, your social circle might start to look more like a pinhole.

The solution is to create two profiles: one for business, and one for pleasure. Compare the Facebook page I created for business, in addition to my original personal one. If you are so inclined, compare my business Twitter page with my personal page.

One of the keys to the popularity of these sites is free, virtually unrestricted access. This technology is not only burgeoning in the United States, but is veritably global. Media outlets like CNN are even relying on Twitter for breaking news!

It is vital for businesses to be adaptive and maximize their exposure through dynamic new technology. Customers cannot visit your business unless they know where to look! Where can I find you? Visit my Facebook and Twitter profiles, and leave me a note!

We all know Apple, the trendy electronics and software brainchild responsible for mesmerizing us with iPhones and iPods. The technology giant hypnotizes us, and we truly believe that without their fresh, avant-garde products, we are not sexy or cool. (*Ahem* Despite their marketing prowess, I still believe I can be sexy and cool as a PC girl.)

What most don't know is how unequivocally silent Apple has been when it comes to disclosing information about its research and development. Despite online advances such as Facebook, Twitter, and other sources for disclosure, the company remains tightlipped with respect to its engineering.

Strict controls are imposed in the name of security to prevent employees from releasing any valuable information and harsh sanctions are in place for those who do. Apple is virtually impervious to leaks and even goes so far as to keep its own employees in the dark; many themselves are shocked when new products, such as the latest iPhone 3GS, are unveiled. The company is also famous for its product plan ruses designed to mislead both outsiders and also its own employees as to the state of certain Apple technology.

Even seemly innocuous information, such as the health of CEO Steve Jobs following a secret liver transplant, is kept under lock and key. Such unwavering devotion to discretion is a calculated business model and is indicative of executives that fully appreciate the high value of intellectual property. However, this secrecy can breed suspicion and give birth to consipiracy theories among consumers. Trade secrets are critical for any business and comprise the essence of brand image and identification, but today's sophisticated public demand the truth and trust in the products they support.

What measures should your business take to protect its trade secrets? An intellectual property attorney can show you how to preserve your sensitive information, and balance a positive brand name image.

In the course of business, you may often receive emails that are punctuated at the end with a disclaimer that reads as follows: "The contents of this email are intended for the aforementioned recipient and are confidential." But are these messages effective in protecting your valuable business information and trade secrets?

The general answer is that such disclaimers do not protect anything. The reason behind this is that a disclaimer does not create a legally binding contract. For an agreement to be enforceable, all parties involved must agree to the terms. A disclaimer is nothing more than a warning from one party to the other. And besides, what good does the disclaimer do after the entire body has been read?

To protect your confidential information, avoid sending it though email. Instead, send the data through the regular postal service and package it in a box or envelope bearing a "confidential" or "classified information" stamp. If it is absolutely necessary to send the information through email, then place a disclaimer at the very beginning of the message. In this manner, if an unintended recipient receives it, they will not have to read the entire message to realize it is confidential.

In 2008, a California appeals court decided that even if a patient is harmed by a manufacturer of a generic drug for failing to warn consumers of possible side effects, the manufacturer of the brand name equivalent could still be liable for negligent misrepresentation.

In Conte v. Wyeth, Inc., the plaintiff, Elizabeth Conte, was prescribed Reglan for acid reflux. The generic equivalent is metoclopramide. After using the generic version of the drug for four years, she developed tardive dyskinesia, a neurological disorder. The condition is associated with tremors and involuntary twitches. Judge Peter Siggins reasoned that name-brand drug manufacturers know or should know that doctors would prescribe the generic equivalents, and the brand name manufacturers thus must educate doctors and consumers about possible side effects of the drugs, regardless of which version is ultimately prescribed.

It is important to note that the manufacturers of the generic drugs are not absolved. They simply now share liability with their brand-name competitors.

In response to businesses' growing frustration with the limited availability of simple internet domain names, the Internet Corporation for Assigned Names and Numbers (ICANN) plans to sell new top-level domain (TLD) names.

Domain names have historically ended with these popular TLDs: .com, .net, and .edu. Currently, there are only 21 TLDs. ICANN proposes to make "personalized" TLDs available to any business with $185,000. Allowing a business to have their name become the TLD opens up an enormous, and possibly endless, combination for domain names. For example, a famous fast food chain can end their domain name in ".mcdonalds." Subdomain names for the TLD can also be available to identify a particular business, like "bankofamerica.bank."

The availability of personalized TLDs will become a nightmare from the intellectual property enforcement standpoint. The increasing number of domain names means additional time and money to monitor misappropriation, and to protect customers from infringers.

In attempting a preemptive strike against infringers, ICANN proposes that it will review applicants who must argue why they should be awarded a particular TLD. Grounds for rejecting an applicant include: having a TLD that is confusingly similar to another, pursuing an immoral TLD like .xxx, or seeking a culturally or politically insensitive TLD.

Wood, Atter & Wolf recently hosted an exhibit at the 2009 Business & Career Expo, hosted by the Jacksonville Regional Chamber of Commerce at the Prime Osborn Convention Center. Admission was FREE to the public!

We showcased Trademark and Franchise law with Alpha Growth Strategies, who are experts in business development and franchising. Together, we featured legal and business consultations regarding trademark registration, licensing, and business/franchise evaluations.

The Expo featured 250 exhibits, and attracted over 1500 people. For more information on next year's event, contact us.

Small businesses rely on their proprietary assets, and many of these business depend on global transactions. However, less than one fifth of these businesses realize that their federal trademark and patent protections are limited to the United States. Are your IP assets protected abroad?

Without a doubt, profits fall prey to overseas counterfeiting and piracy. Counterfeiting is the creation of imitation products while piracy involves the unauthorized use or reproduction of software.

Stopfakes.gov is a great resource to help determine whether you should seek international protection. The website features different tool-kits to educate business owners about intellectual property (IP) protection in various foreign countries. Also included are instructions for filing a compliant against international infringers.

Strategy Targeting Organized Piracy (STOP) is part of a government effort with a two part objective. The first part is to strengthen IP enforcement throughout the world. The second part is to prevent IP crime throughout the world. STOP, along with other government organizations, provide protection to domestic businesses by regulating U.S. boarders and preventing the importation of counterfeited products, for example.

For more information on international trademarks or patents, contact a trademark attorney who understand the need to work closely with IP counsel abroad.

Caerus Institute of Open Innovation recently hosted a global summit on innovation, patents, and intellectual property. The event, "Intellectual Property Firestorm Meets Open Innovation 2.0", took place at the Illinois Institute of Technology in Chicago.

The summit brought together leaders from the intellectual property sector and the engineering industry to focus on methods of maximizing the value of mid- to large sized businesses. Experts discussed topics such as open innovation in action, open innovation 2.0, and the implications for intellectual property quality and quantity goals for high tech companies. Attendees also had an opportunity to network at a social/mixer when the conference concluded.

Open Innovation refers to the new idea that businesses can be more profitable by sharing information. Today, businesses are beginning to incorporate outside research and inventions with their own internal research. This is different from the traditional "closed innovation" model where businesses generally kept research and development information secret until market release. For instance, one of the principles of open innovation is working with smart people both inside your company and outside your company.

Congratulations to Metro Diner, a local restaurant in the historic San Marco neighborhood in Jacksonville, Florida! They have registered three trademarks with the State of Florida: their name, their logo, and their slogan, "Where The Locals Eat."

The logo, as you can see, is in the signature dark and light green colors. Their slogan is very apropos to their typical customers who crowd the diner for breakfast and lunch.

Protect your business identity--register your trademarks today. Contact a trademark and business attorney to help you through the process.

Not all states see non-competition agreements through the same eyes. Here in Florida, as long as the agreement's restrictions are reasonable, the contract is enforceable.

Some states are much stricter. For example, Texas and Georgia courts make it very difficult to enforce covenants not to compete.

Most notably, California totally voids non-compete agreements between employers and employees, pursuant to Cal. Bus. & Prof. Code § 16600-16607.

If you need a non-compete agreement drafted, or if you have questions about an existing agreement, first check the terms of the contract to see if it mentions the state in which disputes are to be brought. If the contract is silent on that issue, contact an attorney in the state where the parties signed the agreement, or where the breach occurred.

I recently presented my seminar, "From Emblems to Empires: Using Trademarks to Promote, Protect, and Produce Business." The audience were the members of IMPACTJax, a young professionals' group that is part of the Jacksonville Regional Chamber of Commerce.

I discussed the importance of promoting a business name by building a brand name. The goodwill and reputation should then be protected through trademark or patent registration. Only then can defensive and offensive strategies have any teeth against potential infringers. Once a business achieves a level of success with those trademarked or patented assets, I explain why franchising the operation is among other options for expanding the business. In the alternative, for entrepreneurs interested in minimizing the risk of owning a business, I also discuss the advantages of buying a franchise.

Couldn't make it to the original presentation? Contact me to see when this seminar will be presented at a venue near you.

In order for your trademarks to be eligible for registration at the U.S. Patent & Trademark Office, your goods or services must be offered to consumers in more than one state. This is an easier endeavor for businesses with high visibility and high accessibility to the public, like restaurants, gas stations, hotels, etc. However, internet sales and marketing across state lines can qualify as doing "interstate commerce."

For businesses catering only to their home state, they ought to register their trademarks at the state level.

Martin Luther King III, Bernice King and Dexter King are the children of slain civil rights leader, Martin Luther King Jr. The three continue to control their father's estate as a private corporation called King Inc. Recently, Martin III and Bernice King accused Dexter King of acting improperly as the head of their father's estate. They charge that he has shut them out of decisions about King Inc. and has not held a shareholder's meeting in over five years. The tension over the business has damaged their relationship.

Under the threat of a civil trial, which would have made certain personal and financial details about King Inc. public record, the three met recently to negotiate a settlement. After fourteen hours of discussion, they came to an agreement and will not be taking the case to a public jury trial.

Good estate planning can cut down on misunderstandings and help keep family ties strong. If you live in the Jacksonville, Florida area or North Florida and require assistance with estate planning, please contact our firm for estate planning legal counsel.

Read more about the disagreement among Martin Luther King Jr.'s heirs at King Siblings Settle Lawsuit Over Estate.

Defective batteries and a software glitch in defibrillators (AEDs) manufactured by Zoll Medical Corporation may raise a surprising  premises liability issue for owners of businesses who purchased the AED's  to provide additional protection for customers and employees experiencing heart problems while on the businesses premises. The Zoll Medical Corporation is now reminding AED purchasers who may not have taken advantage of the company's voluntary corrective action in April of 2009 that they need to run a software upgrade to ensure the devices are working properly. Business owners should do so immediately, as lives are at stake.

The Zoll product in question is the AED Plus automated external defibrillator. Batteries in some of these devices are defective, and the software that is supposed to detect the battery failure may not be working properly either. Defibrillators older than three years are the most likely to fail. Affected products will carry a serial number of "X_ _ _200000" or lower. The software patch is available on the company's website. Users should also send Zoll an acknowledgment that the corrective action has been implemented. This is an important step for business owners as the "confirmation of corrective action" could be an important element in avoiding liability in the case of a subsequent AED failure. It would  also permit  Zoll to ensure that all defective defibrillators have been updated.

Three devices have been reported to have failed due to the problem, and two patients died when they were unable to receive the defibrillation shock. Find out more about the defective defibrillators at Zoll reminds on AED battery issue.

If you are dealing with a product liability or premises liability issue, please contact our firm for business law counsel.

The weeks between Thanksgiving and Christmas are the most profitable weeks of the year for most retailers. But keeping those profits come January first can be a challenge, as recipients rush to return unwanted gifts. The gifts most likely to be returned? Products like consumer electronics that require complex assembly. But research shows that the majority of returns are preventable.

The following are four easy steps that can help decrease returns and increase customer satisfaction this holiday season.

1. Manage expectations: Providing appropriate pre-sales support will help consumers understand what is involved with getting a gift up and running. Providing an area where customers can share product reviews is a great way for customers to educate themselves.
2. Give great customer support: The main reason recipients return gifts is that they can't figure out how to set them up. Providing round the clock support can help these folks get their gifts put together and keep them out of the returns line.
3. Contact the customer: Contacting the customer after the sale gives them an opportunity to express dissatisfaction and get direct access to help. That helps build customer loyalty.
4. Give good directions: Clearly describing what pieces should be included in the box and how they all go together is essential. Providing video instructions improves consumers' set up experience. Customers prefer video instructions to written guides, customer service reps and 1-800 numbers. Good video directions can reduce returns by as much as thirty percent.

Find out more about cutting back on holiday returns at 'Tis the Season to be Grumpy: Holiday Returns are the Grinch That Stole Profits.

If you run a Florida retail business, it is your responsibility to know consumer laws regarding gift returns. Please contact our Jacksonville, Florida area law firm for business law counsel.

Earlier this year, Cuppy's Coffee, a franchise founded in Florida but later moved to Alabama, simply disappeared into oblivion leaving nearly two hundred franchisees without a franchisor. A warrant for the CEO of Cuppy's, Robert Nabors, was issued in Okaloosa County, Florida, in March of 2009. Some of the investors now face bankruptcy as a result of investing hundreds of thousands of dollars in the franchise but never even getting to open their business. Cuppy's took the franchisees' money but, never built their stores. From the start, Cuppy's was a questionable franchisor; Cuppy's grew out of the failed franchise, Java Jo'z.

Cuppy's isn't the only franchisor to be hit with lawsuits in Florida; I recently posted a blog discussing The UPS Store franchisees suing UPS alleging it withheld information from franchise purchasers regarding profitability. Another franchisor sued by its franchisee is Cold Stone Creamery, which was sued by a Tallahassee, Florida, franchisee on claims of fraud related to the store's profitability.

I find the continuous stream of investors in franchises and other business opportunities who buy into risky and questionable businesses both startling and saddening at the same time. The most important thing a potential franchisee can do is research the company; that means researching other sources of information about the franchisor and not just relying on information provided by the franchisor itself. Potential franchisees can look to sources such as, franchise magazines, franchise blogs, franchisee associations, and talk to current franchise owners to find out things like what kind of support, feedback, and dispute resolution the franchisor provides. In addition before signing any Franchise Agreement a potential purchaser should seek counsel from an attorney experienced in franchise law.