Attorney Kelly Swartz explains the first steps in protecting your patent. Patents are an invaluable piece of intellectual property. Frequently sought after by Fortune 500 companies and start-ups alike, a patent can protect your invention from reverse engineering and give you an advantage in the marketplace, as well as making your invention more attractive to […]
Widerman Malek Law Blog
Use Land Trusts to Protect Your Assets
By Charles P. Castellon, Esq. (c) 2017 All rights reserved. If you own real estate assets, you should know about asset protection strategies. Real estate investors have long used land trusts in Florida to hold title to their properties. There are many reasons to use land trusts, but this article will focus on the asset […]
Equifax Breach – Did They Fail to Comply with GLBA?
As is now widely reported, Equifax, a consumer credit reporting agency, suffered a data breach of staggering proportion. In the race to fully comprehend the ramifications of this breach, it’s worthwhile to consider what specific legal requirements Equifax must comply with when it comes to maintaining the secrecy of sensitive personal information. One law that […]
Contracting for Hurricane Repairs, A Primer
If you suffered damage from Hurricane Irma, you need to notify your insurance company immediately. If you are having repairs done at your home you need to: Ensure the work is being done by a Florida licensed contractor. If you are told a Florida license is not needed, confirm with your local building department. You […]
Lessons Learned from Construction Case Law
On July 21, 2017, the District Court of Appeals of Florida, Fifth District issued a decision that has a couple of key points for contractors to keep in mind when involved in a dispute with another party. Don Facciobene, Inc. v. Hough Roofing, Inc., involved a suit by a subcontractor to collect payment for installing […]
Statute of Repose Clarification
Contractors and subcontractors should be excited, okay, happy at least, that Florida’s Statute of Repose has been recently amended. WHAT IS THE CHANGE? The major change to Section 95.11, Florida Statutes (2017), is the start of the ten-year statute of repose period. The statute of repose sets the last day by which a suit must […]
Proper Notice to the Surety is Important
Most contractors and subcontractors know there are notice provisions in their contracts, but they are not always followed to the letter. The Eleventh Circuit Court of Appeals just sent a clear message that if you do not follow the notice and termination provisions of a bond, the surety may be off the hook. What is […]
A Full and Final Release Means What it Says
In two recent opinions, one from the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”), the Boards confirmed that a final release really means a final release.
What Every Florida Contractor Needs to Have in Their Contracts
Over the years, I have reviewed many estimates and contracts from various types of contractors and homeowners. In most cases, I have found that the contractor did not include several items required by Florida law to be in their estimates or contracts. These are:
Business Email Compromise (or CEO/CFO Impersonation Fraud)
According to the FBI, Business Email Compromise (BEC for short, or CEO/CFO impersonation fraud) have caused at least USD 3.1 billion in total losses to over 22,000 enterprises around the world. The FBI defines BEC as a sophisticated email scam that targets businesses working with foreign partners that regularly perform overseas wire transfer payments. The […]
