Monthly Archives: June 2024
Defenses to Tortious Interference with Contract Claims
In Florida, when two parties have a contract to do some kind of business with each other, it is illegal to interfere with that contract. Doing that can end up getting you sued for what is known as tortious interference with the contract. The Elements of the Tort Interrupting, disrupting, or inducing or causing… Read More »
Whistleblowing When There is a Confidentiality Agreement or NDA in Place
Under the False Claims Act (FCA), an employee or other officer of the company can report illegal activity by the company to the government, and can do so safely and with legal protections. In some cases, the whistleblower may even be able to share in whatever financial recovery the government receives as a result… Read More »
Due Diligence When Buying a Business: What Does it Entail?
Let’s say that you are buying a company, or an already existing business. You’re probably savvy enough to know already, that you need to do your due diligence. And you may even know what due diligence is. But what does due diligence actually entail—that is, when you do your due diligence, what are you… Read More »
Four Reasons Why Business Should Use Well-Drafted Vendor/Supplier Contracts
Does your company work with vendors and/or suppliers? If so, it is imperative that your business has well-drafted contracts. At Pike & Lustig, LLP, we draft, negotiate, and review vendor and supplier contracts. Within this blog post, our Miami commercial litigation attorney highlights four reasons why all companies in Florida need to use well-drafted… Read More »
Florida Regulators Settle Talcum Powder Case With Johnson & Johnson for $700 Million (Deceptive Marketing)
On June 12th, 2024, NBC News reported that Florida regulators (along with dozens of other states) have reached a $700 million settlement with Johnson & Johnson. The state found that the multi-national company engaged in unlawful deception by failing to warn consumers about the health and safety risks associated with its talcum powder products…. Read More »
Elon Musk Faces Another Shareholder Lawsuit; Sued By Tesla Shareholders Over Rival AI Company
According to a report from TechCrunch, Elon Musk is embroiled in yet another shareholder lawsuit. In this case, a group of Tesla shareholders alleged that Mr. Musk’s start-up artificial intelligence (AI) company X.AI Corp. (xAI) represents a conflict of interest. Specifically, he is accused of diverting resources from Tesla. Here, our Miami shareholder litigation… Read More »
Three Key Limitations on Damages in Breach of Contract Claims in Florida
Through a breach of contract claim in Florida, a non-breaching party can pursue financial compensation for its damages. At Pike & Lustig, LLP, we represent both plaintiffs and defendants in breach of contract cases. Our commercial law firm helps clients navigate breach of contract disputes. Here, our Miami breach of contract attorney highlights three… Read More »
Contract Law Basics in Florida: What is Consideration?
A contract is legally binding. It is formed when there is an offer, an acceptance, and, importantly, consideration by both parties. Without consideration, there is no enforceable contract in Florida. Here, our West Palm Beach business litigation attorney explains what consideration is, why it is important, and how it affects contract formation in Florida…. Read More »
Three Signs You Should Try to Mediate a Contract Dispute
In Florida, mediation is “is an informal and non adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement” (Florida Statutes § 44.1011). If you are locked in a contract dispute, mediation may be the best option to find a cost-effective, efficient solution. Here, our Miami business… Read More »
Starting a Partnership With a Spouse
If you are looking for a partner to start a business with, your first thought might be to start a business with your spouse. After all, you may (hopefully) already get along with and work well with your spouse, and he or she already may know the ins and outs of your possible business—as… Read More »
What is a Shell Company and What is it Used For?
Just the words “shell company,” create images of corruption, hiding assets, and furtive secretive motives. That’s largely from the movies and TV. While shell companies can, and have been, used to skirt the law, in reality and most of the time, shell companies have a legitimate business purpose. Why Use Shell Companies? Shell companies,… Read More »
The Use of the Lis Pendens in Business Litigation
When people buy property, they often do public record checks, to make sure that the owner of the property actually owns the property. When such a search is done, it may reveal a lis pendens. What is a Lis Pendens? A lis pendens is a document that is filed in the public records, that… Read More »
Eviction and Ejectment: What’s the Difference?
On the one hand, you know what a foreclosure is—when someone doesn’t pay a loan or mortgage on secured property the lender takes the property back and sells it pursuant to the terms of the mortgage. And you also likely know what an eviction is, when a tenant breaks a lease or isn’t complying… Read More »
Why Do Shareholder Derivative Lawsuits Get Filed?
When you have shareholders, and those shareholders become upset at the way the company is being governed, or at the decisions the company makes, those shareholders can file what is called a shareholder derivative lawsuit against the company. A derivative lawsuit is a shareholder, on behalf of all shareholders, who sues the company and… Read More »
How Do You Invoke a Mandatory Arbitration Clause in a Contract Dispute?
Many contracts have mandatory arbitration provisions. These clauses allow parties to force arbitration if a dispute arises over the agreement. This raises an important question: How do you compel arbitration in a contract dispute? The short answer is that you can get a court order if your counterparty refuses to willingly cooperate with the… Read More »
Four Tips to Prevent Commercial Contract Disputes
No company wants to get stuck dealing with the time, cost, and stress of a contract dispute. While you cannot eliminate the risk, there are proactive steps that you can take that will dramatically reduce the odds of a disagreement over a commercial contract. At Pike & Lustig, LLP, we are committed to helping… Read More »
Firefighter Pension Fund in Florida Reaches Multi-Million Dollar Shareholder Lawsuit Settlement With Investor Carl Icahn
In May of 2024, Bloomberg Law News reported that a firefighter pension fund in Florida has reached a multi-million dollar settlement of a shareholder lawsuit involving famed billionaire investor Carl Icahn. The settlement agreement brings an end to a multi-year shareholder derivative lawsuit involving the Xerox Corp. takeover of HP Inc. Here, our West… Read More »
Supreme Court Changes Definition of “Adverse Employment Action”
In many employment discrimination cases including cases that allege retaliation and whistleblowing, the issue isn’t whether the employee was harassed or made to feel insignificant in some way. Instead, the issue is whether the employee actually had something bad happen to him or her at work—often called adverse employment actions. What is an Adverse… Read More »
Some Basics of Service of Process
In the United States, we have a constitutionally guaranteed right to due process. Although complex, two of the fundamental due process rights are notice and the opportunity to be heard. That’s why being served with lawsuits is so vital; a court cannot adjudicate your rights without you knowing that a court action exists, which… Read More »
Understanding Contracts of Adhesion
We tend to think that business contracts are the product of back and forth negotiation, where both sides hammer out language and terms that are mutually acceptable to them. While that can happen in many kinds of business agreements, often, there is a different kind of business contract: one that is truly a “take… Read More »
