Contract & Business

By Cooper Eisinger In 2018, seventy-two percent of Florida voters voted in favor of Amendment 3 which was then codified in Florida’s Constitution as Article X Section 30. That constitutional provision establishes that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring that in order for casino gambling to be authorized under Florida law, it must be approved…

In the US, and particularly in Florida, company owners’ information is not a matter of public record. In other words, if you are one of the owners of a Limited Liability Company (LLC) you do not have to be listed in public records as the owner. The Florida Department of State website (sunbiz.org) may have other names listed in it, and nobody foreign to your…

Companies and firms are now hiring influencers with a large social media following to promote products and services through their own personal media accounts. 75% of marketers use influencer marketing to advertise their promotion strategy, according to the 2017 survey by the Association of National Advertisers.  The growth and popularity of this industry have not been without challenges. Back in 2018, the Competition and Markets…

Ayala represents the owner of a delivery company in Florida. The corporation of Ayala’s client and her long-time life partner. After the tragic passing of her partner, the family of the former partner rushed to take the company Ayala’s client and her partner had built for over 25 years. In its desperate efforts to take away the company Ayala’s client built, the representatives of the…

A DBA which stands for “Doing Business As” is in short, simply a nickname of the company. It is another way to call a business. Though you can register a DBA before even filing articles of creation of a legal entity, a DBA will always have a business behind it. It is another name to refer to a particular business. Also known as a “fictitious…

The Lanham (Trademark) Act enacted July 5, 1946,  (15 U.S.C. § 1051 et seq.) is the primary federal trademark law in the United States. Now, if you register a trademark in the U.S. under the Lanham Act, does that trademark protection apply in Puerto Rico? We explain below. Puerto Rico has a unique status in that it is not an independent country or part of the U.S. as a state. It is rather a…

    By Cooper Eisinger. When forming your new limited liability company (“LLC”), one of your first tasks is to decide whether it will be a “member-managed LLC” or a “manager-managed LLC.” In a member-managed LLC, all members (owners) of the LLC actively engage in the day-to-day operations of the LLC and run the LLC. In a manager-managed LLC, members of the LLC choose to…

We live in the world of agreements by “click” rather than signature. The digital era has converted the world of contract into clicks, bytes and electric pulses. In this new contract world, there are two common internet type of agreements: “browse wrap” and “clickwrap” agreements. Browse wrap are agreements in which the user agrees to the terms simply by using the website or product. You…