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By Paul M. Quin, Esq. The running of a successful band should be considered no different than running a more traditional business. As a business must protect its intellectual property so must a band, including the right to use its own name exclusively. A Trademark is used when a company, business, or in this case...
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By Paul M. Quin, Esq. Any artist who has ever dealt in any way with a record label understands the importance of leverage. A new and essentially unknown artist, almost regardless of talent, has little room to obtain a more favorable deal than the one initially offered. As artists prove their commercial appeal, of course,...
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On October 1, 2018, the U.S. Supreme Court heard oral arguments in the case of Mount Lemmon Fire Dist. v. Guido, which involves the issue of whether the Age Discrimination in Employment Act (the “ADEA”), which protects employees and applicants who are 40 years of age or over from discrimination in the workplace because of...
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By Claire B. Carter, Esq., Associate Pursuant to a constitutional amendment passed during the general election in November 2016, and the subsequently enacted Section 381.986, Florida Statutes, Florida now allows medical marijuana use to treat certain medical conditions. This poses an issue for Florida employers, as marijuana is still illegal under federal law. However, the...
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By Claire Carter, Esq., Associate Published in FAHROgram September/October 2018 edition Paul M. Quin, Esq., a partner at Saxon Gilmore & Carraway, P.A. (“Saxon|Gilmore”), and Claire B. Carter, Esq., an associate at Saxon|Gilmore, were successful in achieving the initial step in an eminent domain action filed on behalf of the Housing Authority of the City...
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By Claire Carter, Esq., Associate Published in FAHROgram July/August 2018 edition The Fair Credit Reporting Act (“FCRA”), 15 USC § 1681 et seq, provides protection to employees by requiring employers to notify and request written permission from an employee or potential employee when performing a background credit check. The FCRA requires the employer to tell...
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By Claire B. Carter, Esq., Associate On June 6, 2018, Florida’s Fourth District Court of Appeals issued its opinion in the case of Salerno v. Del Mar Fin. Serv., LLC, 2018 WL 2716927, at *1 (Fla. 4th DCA June 6, 2018). The Court held the defendant employer not liable for the death of its employee...
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By Suzanne J DeCopain, Esq., Associate Published in FAHROgram May/June 2018 edition In 2013, HUD issued Fair Housing Equal Opportunity Notice 2013-01 to assist housing providers obligated to comply with the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act in understanding their responsibilities to individuals who...
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By Ricardo L. Gilmore, Esq., Shareholder Published in FAHROgram March/April 2018 edition Over the years, many executive directors and presidents/CEOs have been faced with how to handle requests from third-party groups, like churches, to use the community facilities at housing authority complexes. Recently, on the HDLI listserv, this question came up for discussion. It was...
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By Claire B. Carter, Esq., Associate On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in the case of Rizo v. Yovino, 2018 WL 1702982 (9th Cir. 2018), ruling that a female employee’s prior salary cannot be used to justify paying her less than a male employee. The female employee, Aileen...
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