Author Archives: Michael Pike and Daniel Lustig
You’re Not in a Lawsuit: So Why Are You Being Asked for a Deposition?
If you are involved in a lawsuit as a party, you probably expect that you likely will be called to give testimony in a deposition. But what you don’t expect is the day that a process server shows up to your business with a subpoena for deposition, in a case that you seemingly have… Read More »
What is Florida’s Materiality Requirement for Breach of Contract Claims?
A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally enforced contractual agreement. The non-breaching party has the right to pursue remedies following a breach. However, there are certain criteria that must be met to prove liability in a breach of contract claim—and in Florida, that… Read More »
Four Reasons Why it is Risky to Operate a Partnership Without a Formal Written Agreement
A successful partnership should be built on a strong foundation. This is true for both personal and professional partnership. In Florida, a business partnership—whether a general partnership, limited partnership, or limited liability partnership—should be structured around a formal written agreement. It is risky to operate a business partnership without a partnership agreement. Here, our… Read More »
Walgreens Will Pay Nearly $200 Million to Settle Rite-Aid Shareholder Litigation
According to a report from Business Insurance, Walgreens has agreed to settle a shareholder lawsuit for nearly $200 million. The class action shareholder lawsuit was initially filed against the company back in 2017 by a group of Rite Aid Corp shareholders who accused top corporate executives at Walgreens of making material misrepresentations about the… Read More »
You Received an OSHA Complaint: Now What Do You Do?
You run a safe operation. You value the safety of your company, your property, and your workers. And then one day it happens: There is an accident at work, and the government, through the Occupational Safety Hazard Administration (OSHA) comes knocking at your door. You have an OSHA complaint. What do you do? The… Read More »
Can You Prevent Someone From Declaring for Bankruptcy?
If you enter into a business contract, you may have some concern about how to ensure that the other side complies with its end of the bargain. And while your contract can contain stiff financial penalties, you know that companies can and do, go out of business. You’re concerned, so you include a provision… Read More »
What is a Material Breach of a Contract?
You have a business contract, and that contract has terms and conditions. And if someone breaches any of those conditions, it is a breach of contract, and you can not only sue, but you may also be excused from performing under your end of the contract. Except not so fast. Not every breach of… Read More »
Federal Judge Declines to Dismiss Shareholder Lawsuit Against General Electric (GE)
According to a report from Reuters, a federal judge in New York State will allow a shareholder lawsuit against General Electric (GE) to proceed. The multinational conglomerate is facing a lawsuit from shareholders that allege that the company’s leadership knowingly and improperly concealed certain financial risks from investors. Here, our Miami shareholder litigation attorney… Read More »
Breach of Contract Claims in Florida: What are Incidental Damages?
Through a breach of contract claim, the non-breaching party has the right to seek financial compensation for their damages. In Florida, a number of different types of damages may potentially be recoverable through a breach of contract claim. Incidental damages are one remedy in a contract dispute. Here, our Miami business litigation attorneys explain… Read More »
Five Tips for Resolving a Partnership Dispute Through a Buyout
Are you involved in a difficult dispute with a business partner? There may be no reasonable path forward for both you and your partner to remain in the business. However, that does not mean that you need to resolve your issue through litigation. In some cases, negotiating a buyout can be a cost effective… Read More »
Five Affirmative Defenses to a Breach of Contract Claim in Florida
Is your company facing a lawsuit for a breach of contract in Florida? You have the right to raise a defense. Of course, one of the most straightforward defenses is that no breach ever occurred. There are other defenses that can be raised as well—including affirmative defenses that acknowledge that the contract was not… Read More »
Zillow Prevails in an Unfair Business Practices Lawsuit in Federal Court
According to a report from Housing Wire, Zillow—the Seattle-based tech real-estate marketplace company—has prevailed in an unfair business practices lawsuit. A federal court determined that Zillow did not make materially deceptive changes to its “only agent” listings. Here, our Miami FDUTPA attorney provides a more comprehensive overview of the key issues in this unfair… Read More »
Federal Court: Tesla Owners Require to Arbitrate Autopilot Case
According to a report from Reuters, a federal court in California has ruled that Tesla owners will be required to arbitrate their “autopilot” claims against the company. The court determined that a pre-dispute arbitration provision in the purchase contract is enforceable. Here, our West Palm Beach business arbitration lawyer provides an overview of the… Read More »
Federal Appellate Court Revives Privacy-Based Shareholder Lawsuit Against Meta
According to a report from Reuters, the Ninth Circuit Court of Appeals has revived a shareholder lawsuit filed against Meta. The tech giant that owns Facebook and Instagram is facing a complaint from shareholders for harm related to alleged data privacy violations. In this article, our Miami shareholder litigation attorney discusses the dispute in… Read More »
Do Business Partners Have the Right to Enter a Contract On Behalf of the Entire Partnership?
When you enter a business partnership, you need to be sure that you have the right partner. Business partners in Florida must put a great deal of faith in each other’s hands. You may be wondering: Can one business partner enter into a contract on behalf of the entire partnership? The short answer is… Read More »
How Can a Business Get Out of a Contract in Florida?
Is your business locked in a contract that is no longer favorable? There are a number of different reasons why this can happen—from changes in the objectives of your company to shifting of macro-economic conditions. This raises an important question: How does a business in Florida get out of an undesirable contract? In this… Read More »
Understanding Trade Dress Protection
You probably already know that distinctive slogans, words or phrases that are associated with your business, can be trademarked; you can protect your mark, and make sure nobody else uses it, thus ensuring that the general public doesn’t confuse your business with someone else’s. But you can trademark more than just a word, slogan… Read More »
Here’s What Partnerships Fight (and up in Court) About
A partnership can be a great way to start a business. One big benefit of a partnership is the sharing—you not only share in the profits and losses of the company, but you also share in the responsibilities. That means that each partner can do what he or she does best, to contribute to… Read More »
When Do You Have to Preserve Electronic Data?
Your business has—and erases—electronic data all the time. It may be employees just routinely deleting emails. Or your server routinely purging old files or emails. Or even video surveillance, that overwrites itself at certain times. But what you may not know is that by doing any of these things, you could get yourself into… Read More »
Winning Your Case and Getting Paid are Two Different Things
When you want to file a lawsuit, and you discuss it with your friends, colleagues, or attorneys, you will probably discuss primarily, whether you can win, and your chances of winning your case. What you may not discuss, but should, is whether or not if you win or settle your case, you’ll ever actually… Read More »