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David Toback, Attorney at Law
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Recent Blog Posts

Trademark3

Make Sure You’re Not Accidentally Violating Someone’s Copyright or Trademark Protections

By David Toback |

Major retailer Costco is in some hot water, and is now liable to Tiffany’s for over $19 million for selling jewelry labeled under the Tiffany’s label, even though the jewelry was not from Tiffany’s. Although this is a dispute between two multimillion dollar companies, the legal lessons are also valuable to those with small… Read More »

Business

Don’t Ignore Your Corporate Bylaws

By David Toback |

If you have a business, and that business has investors, shareholders, or a board of directors, you probably have bylaws. If you are like so many business owners who see bylaws as a nuisance or an unnecessary burden, you may have simply used a form to fill out your bylaws that you purchased from… Read More »

AssetP3

What OJ Simpson Can Teach Us About Asset Protection

By David Toback |

OJ Simpson was granted parole recently, and will be leaving prison in October. But while he will be free for the sake of having his rights restored and the ability to come and go, there’s one thing that the parole board can’t free him from: the obligation to pay back the multimillion dollar verdicts… Read More »

ElderLaw2

What is a Do Not Hospitalize Directive?

By David Toback |

A recent article points out how a potentially important directive is sometimes overlooked in the arsenal of health care directives. We’re used to planning ahead to appoint health care surrogates, powers of attorney, or issuing do not resuscitate (DNR) orders. But what about a do not hospitalize order? The Do Not Hospitalize Order As… Read More »

EstatePlan6

Don’t Ruin the Ability to Step Up in Basis

By David Toback |

When we inherit property that has a value to it, especially property that increases in value, we often don’t take into account the tax consequences. Capital gains taxes can take a large chunk out of property that you have inherited and you later try to sell if that property has increased in value. Capital… Read More »

AssetP2

Can a Domestic Trust in Another State Protect Your Assets?

By David Toback |

In the movies and in the news we see millionaires hiding their money in offshore accounts, in foreign countries under strange names, or in accounts with only numbers on them. The underlying strategy is to take advantage of laws of a different country to obtain greater asset protection benefits than what could be obtained… Read More »

BusContract

Where Can Your Business Be Sued?

By David Toback |

If you do business, the risk of lawsuits is always present. If you’re sued in Florida, or around wherever you do business, it’s bad enough. But if you’re sued in another state, the cost and expense of defending yourself, as well as hiring attorneys you may not know or have any relationship with, can… Read More »

Money

Inheritances Can Have Unintended Effects of Medicaid Benefits

By David Toback |

Although the idea of receiving an inheritance may or may not be a positive thing, depending on who it is that passed away and left you the inheritance, there is one kind of inheritance that is almost always bad: The kind that jeopardizes your Medicaid benefits. Unfortunately, many Florida seniors lose or risk losing… Read More »

BusPlan

You May Be Committing Usury Without Knowing It

By David Toback |

You have money to loan, and you want to find a way to make more. You find a business that needs some money, and you like that business. You set up a deal where you loan money, and in return, the business pays you significant interest. You’re not a loan shark, and not looking… Read More »

NonProfit

The Benefits of a Non-Profit Organization

By David Toback |

Contrary to popular opinion, nonprofit businesses and organizations are everywhere we look. While some are obvious, such as homeless shelters or social service agencies, others can look exactly like for-profit businesses, and may even fulfill some of the same needs and perform the same services as for-profit businesses. Nonprofit Misconceptions This is why when… Read More »

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