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  The ever popular iPhone has officially outranked Blackberry in the battle of the smartphones. However, Apple is still in 2nd place as smartphones utilizing Google's Android OS account for over 36 percent of the U.S. market share. In a twist of irony, Palm, the company responsible for launching the smartphone movement, has continued to lose users in recent years.  https://askcompetentlawyer.com/  In fact, Palm's current market share is last among all other smartphones.

  In June 2011, Governor Scott signed into law key changes to Florida Statute 709 covering the form and use of Florida ‘s Durable Family Power of Attorney. The Durable Power of Attorney has long been an important tool in the war chest of investment and estate planning professionals for clients seeking to protect their assets in the eventuality of the client’s own long-term incapacity. In fact, that’s where the phrase “durable” comes from.  https://askcompetentlawyer.com/  A standard Power of Attorney ceases to be enforceable upon the incapacity of the grantor of the Power. As a result, it ceases to function just when it is needed most. A properly executed “Durable” Power of Attorney, however, survives the physical or mental incapacity of the grantor – providing the grantor’s “Agent” the authority to act on their behalf. Florida’s “new rules” as to the Durable Family Power of Attorney go into effect October 1, 2011.

  After years of litigation and multiple appeals, including a petition to the United States Supreme Court, the case against LFP Publishing Group (d/b/a Hustler magazine) is coming to a close. The case was brought by Maureen Toffoloni on behalf of her daughter's estate. Ms. Toffoloni is the mother of Nancy Benoit, who was murdered in 2007 by her husband, professional wrestler Chris Benoit. In March of 2008, Hustler magazine published nude photos of Nancy Benoit that were made 20 years prior to her death. Nancy Benoit immediately requested that the photographer destroy the film and negatives so the images could never be published.  https://askcompetentlawyer.com/property-damage-litigation/  However, the photographer kept a videotape of the images, which were later lifted from the video and released by Hustler. Initially, a federal district court dismissed the right-of-publicity suit filed by Ms. Toffoloni, finding that the images related to a legitimate matter of public concern. This

  Joe Frazier, the former heavyweight boxing champion, tried unsuccessfully to sue the Oneida Indian tribe in Federal Court for using his picture without permission. The picture was used to promote a boxing match between Frazier's daughter and Muhammad Ali's daughter at the Oneida-owned Turning Stone Casino. The former heavyweight champion objected to the use of his picture in a way that promoted commercial gambling. The 2nd US Court of Appeals in Manhattan ruled that it had no jurisdiction in the case because of the tribe's sovereign status. To pursue the matter further, Frazier will have to sue the casino owners in an Oneida run court. Tribal sovereignty is a complex legal issue. While congress recognizes that tribes have an inherent right to govern themselves, congress can limit that sovereignty.  https://askcompetentlawyer.com/fraud/  For example, tribal jurisdiction over their own residents had been well-established, but jurisdiction in matters between tribal and non-t

  Steve McKee, author of  When Growth Stalls: How it Happens, Why You're Stuck and What to do About It , stated that “every business lives or dies by its brand.” Few owners invest the time or money they should into their brand. "Brand neglect" can occur imperceptibly, through weak or non-existent branding strategies, poor articulation or visuals, or inconsistent brand messages. Many business owners do not notice it happening because brand neglect often happens slowly. A business’ brand is its ultimate asset and should not be mismanaged. Brands can increase in value if they are well-managed. For example, the market value of Coca-Cola’s brand is more than $70 billion. Disney’s brand is worth $28 billion and McDonald’s brand is worth more than $33 billion. While your brand may not be worth that amount, it is an asset worth protecting and enhancing. As a business owner, brand management should be as important to you as your fiscal and product management. Set aside time to per

  Intellectual Property, commonly referred to as IP Law, is the law that regulates the rights that exist in creative works and inventions.  https://askcompetentlawyer.com/intellectual-property-rights/   The four most commonly known rights are trademarks, patents, copyrights and service marks. In this five part series, we will discuss the differences between these four common types of intellectual property, and the common pitfalls/misconceptions on encounters when considering registration of his or her own IP. Finally, and possible most importantly, this blog series will convey how crucial it is to consult an attorney who specializes in intellectual property for advice and guidance.

  In the case of an H1N1, or swine flu, breakout, employers have been urged for many months to become prepared for wide-spread impact on both their own staff and their customers. While we have dodged the bullet for now, this has been a good test case for businesses. Employers have several legal obligations regarding the privacy of employees, and may also be subject to federal laws that come into play if a pandemic hits the US.  https://askcompetentlawyer.com/covid-19-related-employment-litigation/  Employers need to be prepared with a plan in case the worst happens. Here are some tips for being prepared: Consider the legal issues Employers must provide employees and customers a safe working environment, and H1N1 (or some  other  massive breakout) could be considered a hazard. Employers should educate employees about virus, including information about how to control the spread of the disease. Employers may also have to consider how the Americans with Disabilities Act (ADA) and the Famil

  Major film studios and record labels have gone before Congress to request more protection against foreign websites that profit from counterfeit and bootlegged products. The Senate's Judiciary Committee responded by proposing a new bill, referred to as (S968). The proposed bill would force online advertisers, e-billing companies and search engines to stop supporting sites found to be "dedicated" to copyright or trademark infringement. Because the internet is global, piracy-sites can operate without scrutiny from countries that either choose to turn a blind eye, or refuse to recognize U.S. Copyright and Trademark rights. Senate Bill 968 would allow federal agents to direct U.S. companies that direct traffic, process payments, and serve advertisements online to end their support. However, federal court must first determine if a website is dedicated to infringing activities. In addition, Copyright and other mark owners would be able to seek injunctive relief against those U

  Customers are very important and valuable to businesses. So when there is a conflict that rises to a level that may result in the loss of a customer, or worse, litigation, there needs to be a way to resolve it. It is always better for both parties to manage the conflict initially, or, if that is not successful, through an alternate dispute resolution method - such as mediation. Alternate dispute resolution, or conflict management, is important for all businesses because litigation can be very expensive, even devastating, to both the business' reputation and its bottom line. For good conflict management, it is always best to think about how your business or organization is going to deal with a conflict before one arises. Set up a process to deal with unsatisfied customers or disgruntled employees. In many cases, just knowing how to resolve the conflict is more important than actually resolving the conflict because you are able to meet the underlying interest of all the parties. Id

  Bank of America has agreed to a $20 million settlement for wrongfully foreclosing on 160 service members without checking on their military status. The suit was filed by the U.S. Department of Justice against BAC Home Loans Servicing, formerly Countrywide Home Loans Servicing. Allegedly, the lender did not consistently check the active duty status of borrowers on whom it foreclosed. The Justice Department asserts that Countrywide knew, or should have known, about their military status prior to initiating foreclosure proceedings.  https://askcompetentlawyer.com/  The Servicemembers Civil Relief Act was implemented by Congress in order to protect military personnel from civil requirements, such as mortgage payments, pending trials, outstanding credit-card debt and taxes.

  The renewal of an industrial wastewater permit to allow Georgia-Pacific in Palatka to continue to discharge wastewater into Rice Creek, and ultimately into the St. Johns River, will be approved by the Florida Department of Environmental Protection. This permit expired in 2007 and has been continued administratively since.  https://askcompetentlawyer.com/   This renewal will let the company to continue dumping, but there will be stricter water quality requirements put into place. Georgia-Pacific is meeting the current requirements. There has been some opposition to the permit approval, however St. Johns Riverkeeper Neil Armingeon believes that DEP is still contemplating its decision, but that the approval is coming.

  Gas prices in the Jacksonville area dropped an average of 3 cents during the first week of July - one of the busiest travel periods in the year. The prices are forecasted to fall further due to 30 million barrels of oil being released from the U.S. reserves into the market. In Jacksonville, the average gallon of gas is $3.44, down from $3.47 last week. https://askcompetentlawyer.com/  In Florida, the average gallon of gas is $3.50, down from $3.53 last week. Nationally, the average gallon of gas is $3.57, the same as last week. The price of gas is expected to continue to decrease and consumers will get a break at the pump. This is good news for Florida business owners that relay on tourism to "fuel the pump" of their own business ventures. Businesses base on tourism will be able to focus on attracting fellow Florida and Georgia residents who elect to taking during vacations this summer - avoiding the cost and hassle of airport travel.

  The State of Florida defines a partnership as the association of two or more persons to carry on as co-owners of a business for profit. Under Florida's Uniform Partnership Act ("UPA"), no filing is required to form a partnership.  https://askcompetentlawyer.com/   Therefore, people often find themselves in "inadvertent partnerships" as case law holds that "intent" of the parties defines the relationship. Specifically, the requisite intent to the formation of a partnership is not the subjective intent to be partners, but rather if the parties intended to conduct a for-profit business as co-owners. One fundamental misstep that befalls most partnerships is their failure to put the partnership agreement ("PA") in writing, even though it is not required. The UPA provides much flexibility with respect to the parties' relationship within the PA. In the absence of a writing, or PA, the statute itself attempts to provide a body of default rules

  SIG, a membership organization directed at purchasing and outsourcing, is moving its headquarters to Jacksonville. Dawn Evans, president and CEO of SIG, said the company is relocating to Jacksonville from Truckee, California due to ease of accessibility for the organization’s member companies which are primarily located on the East Coast. https://askcompetentlawyer.com/  Communicating with members and partners in India, China, London and Latin America will be easier as a result of the east coast location. All of SIG’s members are Global 1000 and Fortune 500 companies. SIG already works with some companies that are Jacksonville-based, such as Winn-Dixie Stores Inc. The move should be complete by August or September. Once the move is finalized, SIG will have immediate available positions in human resources, marketing and sales.

  “New Rules” applicable to a Florida Power of Attorney are effective on October 1, 2011 - - so what happens to Powers of Attorney executed BEFORE October 1, 2011? Florida Statute 709.2106 states that the older Power of Attorney will be effective if its execution complied with Florida Laws at the time of execution. If the Power of Attorney was executed in another State prior to October 1, 2011, then it may be considered to be valid within Florida if the document was executed in compliance with the requirements of the other state - - However, there could be some additional cost associated with the use of such a ”foreign” Power of Attorney. Anyone requested to act under the authority of the Power of Attorney’s designated Agent may require a formal Opinion of Counsel as to “any matter of law concerning the Power of Attorney,” and the Opinion Letter will be provided “at the principal’s expense.” There may be further developments as to the scope and complexity of the “Opinion of Counsel” wh

  A copyright , as defined by Black's Law Dictionary, is the exclusive set of rights which protect orifinal works of art and authorship, giving the creator the exclusive right to publish their works or the right to determine whom else may publish. Under the current system, copyright protection is not for an indefinite period of time. https://askcompetentlawyer.com/intellectual-property-rights/  That is why it is always important to consult an attorney when you have an idea or work you wish to protect. Copyrights under the 1976 Act protect "original works of authorship fixed in any tangible medium of expression." Interestingly, the level of "originality" required is not susceptible to a precise definition and is the subject of a considerable body of case law. Rights enumerated within a copyright exist automatically, and do not require registration in order for the author to enjoy protection. However, registration is required in order to pursue copyright protectio

  Solantic, a Jacksonville-based urgent care company, has sold its privately owned centers to Welsh, Carson, Anderson & Stowe, a New York private equity firm. In April, the firm bought a controlling interest in the company and recently announced its acquisition of the company. The new owners of the company have named Michael Klein as Solantic’s new president and CEO following co-founder Karen Bowling’s notice that she would be stepping down to a senior strategic adviser position. The firm was a key player in the rapid expansion throughout Florida, investing money to fund more than 40 new free-standing clinics. To learn more about this article, visit Investor group buys out Solantic.

  Many individuals starting their first business first look to friends as co-founders. What could possibly go wrong? You know your friend well, have socialized with him or her for years and the kids go to the same school. But do you really know the "business side" of your friend? Before you act, it is a good idea to take a step back and assess your decision before embarking in a new business with them. Would you want to work with this person if they were not your friend? Also assess your friendship. Are they trustworthy and loyal? Will they help broaden your network to help with the amount of connections you will have for your business. Having individuals above you to learn from is also important, as well as building a business with people who will be dedicated to work full-time. You have to convince individuals to take a chance on your by selling key positions within the company. Assess the work style of your potential partner and whether it is a good match for you. Assess t

  r.jpg If looking to fund a business, there are quite a few options available. No matter what the economy is like (good or bad), funding a business is constantly a concern for entrepreneurs. Some ways to fund a business are crowdfunding, bank loans, business plan competitions, business incubators, or investors. (1) Crowdfunding needs a website and on it, you detail your idea for a business or project and request others to invest in it. Instead of paying back money, you pay them back with “perks” from your business. (2) Banks are still lending money to small business, despite the rumors that have sparked. So why not take advantage of the money that banks are willing to lend. Contact your local banker and request assistance with developing a loan submission package that meets the lender's specifications. Also, be ready to check with more than one bank. (3) Enter into a business plan competition. Many competitions award cash and prizes for the teams that win which could be used to st

  In June 2011, Governor Scott signed into law key changes to Florida Statute 709 covering the form and use of Florida ‘s Durable Family Power of Attorney. The Durable Power of Attorney has long been an important tool in the war chest of investment and estate planning professionals for clients seeking to protect their assets in the eventuality of the client’s own long-term incapacity. In fact, that’s where the phrase “durable” comes from. A standard Power of Attorney ceases to be enforceable upon the incapacity of the grantor of the Power. As a result, it ceases to function just when it is needed most. A properly executed “Durable” Power of Attorney, however, survives the physical or mental incapacity of the grantor – providing the grantor’s “Agent” the authority to act on their behalf. Florida’s “new rules” as to the Durable Family Power of Attorney go into effect October 1, 2011.