Author Archives: Michael Pike and Daniel Lustig
Can You Compel Arbitration of an FDUTPA Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers and businesses to seek compensation for losses caused by certain improper commercial activities. The law contains a private right of action—meaning consumers/businesses have the right to sue under the FDUTPA. This raises an important question: Can arbitration be… Read More »
“I’m Sorry” as a Legal Strategy – Does it Work?
In our personal relationships, we often are told of the value of saying “I’m sorry” when we do something wrong. But when it comes to our business transactions, we rarely do that, when in reality, it can often be an important and powerful negotiation technique. The Emotional Aspect of I’m Sorry When we are… Read More »
Common Intellectual Property Mistakes That Businesses Make
If you are a business, and your business isn’t related to intellectual property – copyrights, trademarks or patents—then IP issues, and particularly avoiding legal problems related to IP, may not be the first thing on your mind. But that’s how it happens; businesses that aren’t giving much thought or concern to IP issues, often… Read More »
The EEOC’s Role in Discrimination Lawsuits
Although all of us try to do our best not to discriminate, the fact is that often, accusations are leveled against your business even in the best of circumstances. And while you may have concerns when there is a lawsuit filed against you, that concern can be made worse when the Equal Employment Opportunity… Read More »
Contract Law: What is Severability?
When a contract is breached, it is generally assumed to be “void.” In other words, the breach of a contract by one party often frees the counterparty to get out of the deal and pursue available remedies. However, the reality can be more complicated. In some cases, contracts are “severable.” Severability is a legal… Read More »
Proposed Class Action FDUTPA Lawsuit: Combos Lack Adequate “Real Cheese”
According to a report from WFTV, a Florida man has filed a (proposed) class action lawsuit against Mars Inc—the multi-billion dollar food conglomerate—on the grounds that its “Combos” snack product does not actually contain adequate “real cheese” as indicated by the packaging. The complaint alleges a violation of the Florida Deceptive and Unfair Trade… Read More »
Conflicts Between Corporate and Estate Planning Documents
It is a common scenario: A smart businessperson thinks ahead, and in corporate documents, like bylaws, or a management or partnership agreement, the issue of the death of an owner is addressed. The document clearly says what will happen when the owner or majority shareholder or managing member, passes away. The documents are drafted… Read More »
Contractual Frustration of Purpose: What Is It?
Often, there is an overriding, essential purpose to entering into a business contract. If a developer and a construction company agree to build a retail shopping plaza, the creation of a revenue generating property is the purpose. If a business and an IT company enter into a contract, fixing or maintaining computer systems or… Read More »
The Time Limit to File a Breach of Contract Case is More Complex Than You May Think
Every lawsuit has a time limit, within which you must file your lawsuit, or it is forever barred. That is called a statute of limitations. When it comes to the statute of limitations with contracts, the statute of limitations seems clear, but there are factual scenarios that can make the time limit more confusing… Read More »
Need an Expert Witness? Be Prepared for a Fight
Business trials use experts on a regular basis. But just because you call someone an expert – or they call themselves an expert – doesn’t mean that they necessarily are. Ultimately, that’s for a court to decide, and that’s a decision that the other side may have room to argue about. Who is an… Read More »
The Benefits of Having a Law Firm on Retainer
Ever hear people say that they have an attorney “on retainer?” Ever wonder if that may be a good arrangement or idea for your business? It just may have benefits that you weren’t even aware of. What Does it Mean to Hire or Have an Attorney On Retainer? Normally, when you get an attorney,… Read More »
Going to the Top: The Apex Doctrine in Business Litigation
If you are the president or CEO of your company, there may be a lot about the day to day operations of your company that you aren’t directly involved in. That’s to be expected; as a higher level executive you simply have no choice but to delegate a lot of the daily decision making…. Read More »
How to Figure Out Who is Responsible for the Debts of a Business Partnership?
Owning and operating a partnership is complicated. It is not uncommon for partnerships—whether general partnerships (GPs), limited partnerships (LPs), or limited liability partnerships (LLPs)—to incur some debt. This raises an important question: How do we determine who bears liability for a partnership’s debt? The answer depends on the specific circumstances—and the partnership agreement plays… Read More »
Business Law in Florida: What is a Registered Agent?
How do you set up a business in Florida? If you are going to set up a corporation or a limited liability company (LLC), then you will need a registered agent in the state. A registered agent is an individual that has been designated by the business to receive official legal documents. Here, our… Read More »
Social Media Policy Dos and Don’ts
It doesn’t matter what kind of business you have or what industry you are in: if you have employees, they are likely on some kind of social media. And because of that, your company needs a social media policy. But what to put into, or exclude, from that policy, is an important question, and… Read More »
Royalties and Licenses for Public Performance of Music
Let’s say that you have a business, and you think it would be a good idea to have some music in the background. You’re not a concert hall, and you’re not selling music—you just want to create a nice environment for your customers. You put on some music over your speakers, but before you… Read More »
Forming a Contract: What is a Meeting of the Minds?
A contract is more than a mere promise. For an agreement to be legally enforceable in Florida, a valid contract must be formed. That requires an offer, an acceptance, and consideration between both parties. Beyond that, there must be a “meeting of the minds.” A meeting of the minds is mutual assent to the… Read More »
Is Your Company Facing a False Advertising Complaint? Four Steps to Protect Your Rights
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers (and businesses) to hold companies liable for damages caused by deceptive and otherwise unfair practices, including false advertising. If your company is facing a complaint for false advertising, a proactive approach is a must. Here, our Miami FDUTPA… Read More »
Florida Attorney General Jumps Into Contract Dispute Between the ACC and FSU
The Atlantic Coast Conference (ACC) is locked in an ongoing contract dispute with Florida State University (FSU). The college wants out of the conference early on the grounds of an alleged breach. In turn, the ACC is suing FSU seeking the payment of a massive early termination fee. Florida officials are now stepping in…. Read More »
How Do I Get Out of an Unfavorable Partnership?
Are you locked in an unfavorable partnership? With a proactive approach, you may be able to get out of the agreement. At Pike & Lustig, LLP, we handle the full range of partnership claims. Within this article, our West Palm Beach partnership lawyer provides an overview of your options for getting out of an… Read More »
