Author Archives: Michael Pike and Daniel Lustig
FTC Takes Enforcement Action Against Maker of “Invisible Mask” Over False COVID-19 Protection Claims
Recently, the Federal Trade Commission (FTC) took enforcement action against four defendants that marketed a product called “Virus Buster Invisible Mask.” The FTC determined that the defendants made false and misleading representations about the degree of COVID-19 protection provided by the mask. Within this article, our Miami deceptive trade practices attorney provides a more… Read More »
Are Co-Owners of an LLC Considered Business Partners in Florida?
A limited liability company (LLC) is a type of business entity that combines some of the advantages offered by corporations (liability protection) and partnerships (pass through taxation). Technically, the owners of an LLC are referred to as “members” not “partners.” That being said, they still owe the company—and, often, each other—certain responsibilities. Here, our… Read More »
Shareholder Files Lawsuit Challenging UFC/WWE Merger
According to a report from Bloomberg Law News, a shareholder has filed a lawsuit challenging the proposed merger between Ultimate Fighting Championship (UFC) and World Wrestling Entertainment (WWE). The lawsuit—filed by a pension fund—alleges that executives of the companies engaged in a “sham” bidding process. Within this blog post, our Miami shareholder litigation lawyer… Read More »
Corporations and LLCs: What’s the Difference?
You probably know about companies that are actual Florida corporations, and companies that are Limited Liability Companies, or LLCs. But do you really know the difference? It may not seem to matter to you—until you’re the one looking to start a business, and you need to know which corporate structure is best for you…. Read More »
Do You Know Quid Pro Quo Harassment When You See It?
Your business would never sexually harass anyone. You know the rules, and you avoid breaking them. But there’s one form of sexual harassment that is harder to spot, and which often happens seemingly, at least at first, innocuously: Quid pro quo sexual harassment. And it could happen in your business, without you knowing it…. Read More »
Hold Harmless and Liability Waivers: Make Them Enforceable
Let’s say that you are in a business or an industry where you have concern that you could end up getting sued—particularly sued for injuries. There are a lot of ways to run your business as safely as possible, but you are concerned there may be no guaranteed, foolproof way to insulate yourself from… Read More »
The Dangers of Commingling Business and Personal Assets and Property
One of the great things about operating as a duly formed and legally recognized Florida corporation is the corporate protection for liabilities. Absent personal wrongdoing (like fraud), or your signing a personal guarantee, your personal assets cannot be touched or collected upon, to satisfy the debts, liabilities, or judgments, of the company. But despite… Read More »
Loans, Interest and Usury: It’s Not as Easy as You Think
If you are in the business of loaning money to other people, and you charge interest, you hopefully know about the maximum legal interest rate that you can charge. Go above that rate, and you’re not only breaking the law, but you could end up losing all the money that you borrowed—in addition to… Read More »
Temporary Injunctions: Pros and Cons
When people or businesses sue, they usually sue for money damages. But often, they will also ask for an injunction. An injunction is a court order that stops someone from doing something or from engaging in a specific behavior. When are Temporary Injunctions Needed? Injunctions are common for things like intellectual property infringement, where… Read More »
Can You Protect Referral Sources in Your Non Compete Agreements?
If you have a business and you want to protect your business interests, you should be using a noncompete agreement. Noncompete agreements will keep your employees from leaving your employ, and jumping to competitors businesses (or from starting their own businesses). This can ensure that you can train your employees, and expose them to… Read More »
Your Competitors Can Sue You For Fake and False Product Reviews
It’s no secret that most people nowadays, when making an online purchase, tend to look at online reviews, to see if the product or service they are getting works and is legitimate. But more and more, these online reviews are being manipulated. Legal Liability Whether it’s a rival posting false negative reviews, or a… Read More »
Computer Snooping Can Lead to Big Problems
We all know how sensitive the data that we post on social media is, or the data that we just keep stored in our computers or devices. That’s why when there is a dispute—be it a business dispute, a family law dispute, a probate dispute, or some other legal dispute-it can be really tempting… Read More »
Can a Party’s Failure to Reject (Silence) Be Sufficient to Form a Contract in Florida?
For a legally enforceable contract to be formed in Florida, there needs to be an officer, a meeting of the minds, and an acceptance. What if a party never actually responded with an affirmative written or verbal “yes.” Can a contract ever be formed in Florida based on failure to reject (silence)? It is… Read More »
Federal Regulatory Action and Florida Lawsuit Brings a Stop to Deceptive Practices By Chargebacks911
On November 7th 2023, the Federal Trade Commission (FTC) announced regulatory action to stop a company called Chargebacks911—a financial consultancy firm based in Clearwater, Florida—from engaging in deceptive and unfair commercial practices. Notably, Chargebacks911 was also sued for FDUTPA violations by the Florida Office of the Attorney General. Within this article, our Miami deceptive… Read More »
Target Seeks Dismissal of Shareholder Lawsuit from Federal Judge in Florida
According to a report from Reuters, Target is seeking the dismissal of a shareholder lawsuit from a federal judge in Florida. The company is facing legal action from a shareholder over the fall out of its Pride-Month marketing campaign. The retailer argues that the shareholder lawsuit is politically motivated and that no violation of… Read More »
Morgan Stanley Files $1 Billion Lawsuit Against Three “Break-Away” Advisors Who Started their Own Firm
According to reporting from City Wire, Morgan Stanley has filed a $1 billion lawsuit against three “break-away” financial advisors who purportedly left the broker-dealer to start their own firm. In this article, our Miami commercial litigation lawyer provides an overview of the case and highlights key things to know about the standard of liability… Read More »
Can I Sue for a Business Partner for Failing to Devote Sufficient Time to the Business?
Business partners are teammates. For a business partnership to meet its full potential, all parties need to carry their weight. Typically, this means investing adequate resources into the business. You may be wondering: Do I have a claim against my business partner if they are not paying enough attention to the business? In Florida,… Read More »
What People Get Wrong About Shareholder Derivative Lawsuits
There are two different types of shareholder lawsuits: 1) Direct actions and 2) Derivative actions. A derivative action is a type of legal claim through which a shareholder (or group of shareholders) seeks to take legal action on behalf of the corporation itself. Shareholder derivative actions are notoriously complex. Below, our West Palm Beach… Read More »
Handling Debts and Liabilities When You Purchase a Business
Let’s say that you want to purchase a business. It looks like a great business, and it does well, and has a good reputation. You really want to purchase this business. But there’s one thing about the business that you are concerned about buying: the liabilities. Different Kinds of Debts and Liabilities Liability can… Read More »
Religious Accommodations: What Do You Have to Do?
If you have employees, it is bound to happen: an employee will, at some point, ask you to make a religious accommodation for an employee at work. But do you have to do that? And how far do you have to go, in making such an accommodation? More Accommodation, Not Less The law is… Read More »
