Author Archives: Michael Pike and Daniel Lustig
Tax Laws Can Help You Start That Business
Let’s say that you are starting a new business, and you have all the standard expenses that come with starting a new business. This is a huge expense—but you are comforted at least by the fact that those expenses are business expenses, or even losses, and thus, can be deducted from or written off… Read More »
Do You Own That Intellectual Property? You May Not
If you have a business, there may come a time when you need something creative done for the business. That may be a character, a graphic design, a flier, a logo, or a saying. And yes, you could hire an outside marketing or design or public relations company to do that work for you…. Read More »
Privileges: When Defamatory Statements are OK
Defamation is the general, broad term for both libel and slander, with the former representing written words, and the former, spoken words. But did you know there are times when you may defame someone, but you cannot be sued? These are called privileges, and there are times when some level of defamation is considered… Read More »
You Can Pull an Applicant’s Credit Report, But Be Very Careful
If you are looking to hire a new employee, you may want to get some information on that employee’s credit history. You can debate how much a credit tells you about whether the potential hire is trustworthy, or a hard worker, but whatever your reason, you are not alone; many employers in many different… Read More »
Handling Cease and Desist Letters
One day you open your mail, and there it is: a cease and desist letter. But what is a cease and desist letter? Do you have to follow what it requests? And will you owe money? What is a Cease and Desist Letter? At its core, a cease and desist letter is exactly what… Read More »
Amazon Shareholder Files Lawsuit Over Blue Origin Launch Contract
According to a report from Reuters, an Amazon shareholder has filed a lawsuit against the Board of Directors and its founder Jeff Bezos. The complaint—filed by the Cleveland Bakers and Teamsters Pension Fund—alleged that the company awarded a launch contract to Blue Origin (also owned by Mr. Bezos) without properly considering competing bids. Within… Read More »
Business Litigation in Florida: What is a Material Breach of Contract?
When you enter a contract with another party, you do so with the intent that both sides will live up to their obligations under the agreement. If your counterpart fails to fulfill the contract, it can cause you and your company tangible damages. You may be entitled to compensation through a breach of contract… Read More »
Can You Sue a Business for a Bait-and-Switch in Florida?
As a consumer, you have a rightful expectation of fair treatment from businesses and organizations. In Florida, the state’s deceptive and unfair trade practices law (FDUTPA) allows affected consumers to hold companies liable for damages caused by unjust treatment. You can sue a company for a bait-and-switch under the FDUTPA. Here, our Miami FDUTPA… Read More »
It’s Not Why You Should Protect Trade Secrets–It’s How You Protect Them
Protect your trade secrets. It’s one of the most widely accepted practices in business. But while you may know why you protect your trade secrets, you may also be wondering—how do you protect your trade secrets? Trade secrets have a unique characteristic to them, when it comes to protecting them. The more you try… Read More »
Lawsuit With an Unlicensed Construction Professional? You Have Options
You have a significant construction project, and you hire a company that seems to be prepared to do the job. The job gets done, but there are problems with it. Bad workmanship. The job is incomplete. It isn’t up to specifications. Or any other number of problems. You want to sue, and then you… Read More »
When Third Parties Have Property, There Could be an Interpleader Action
Many times, two people have a dispute over money or property. That isn’t such a unique situation—in fact, it probably describes the majority of business related disputes. But sometimes there is an extra wrinkle in these kinds of cases: Neither party that claims ownership of the money or property, actually has that money or… Read More »
Federal Judge in Florida Dismissing Part of Deceptive Trade Practices Claim Against Burger King, Allows Other Part of Case to Move Forward
According to a report from Restaurant Dive, a federal judge in South Florida has dismissed part of a deceptive trade practices claim against Burger King while simultaneously allowing the other part of the case to proceed. The complaint in question alleges that Burger King deceptively inflated the size of its “Whoppers” in its advertising… Read More »
Shareholder Drops Lawsuit Against LifeWallet
According to a report from the Miami New Times, a shareholder has dropped a lawsuit against LifeWallet—a collection company headquartered in South Florida. Notably, the publicly-traded company’s stock price has collapsed in recent years—falling sharply in the Spring of 2023 following restated financials that showed that the business had losses that were dramatically larger… Read More »
Was Your Florida Business Affected By a Breach of Contract? Four Mistakes to Avoid
A breach of contract can cause significant financial harm to the affected business. If your company was the victim of a contract breach in Florida, it is imperative that you take immediate action to protect your rights and interests. Contact disputes are complicated and too many non-breaching parties make avoidable errors. In this article,… Read More »
Wells Fargo Prevails in Shareholder Lawsuit Over Alleged “Fake” Interviews
According to a report from Reuters, Wells Fargo—the American multinational financial services company based in San Francisco, California—has prevailed against a lawsuit filed by a group of shareholders. The claim had alleged that the company used “sham” interviews to boost certain diversity statistics. Within this article, our West Palm Beach shareholder litigation attorney explains… Read More »
Tesla Faces False Advertising Lawsuit for Alleged Misrepresentation of the Range of Electric Vehicles
According to a report from Engadget, Tesla is currently facing a false advertising lawsuit over allegations that it materially misrepresented the range of its fleet of electric vehicles. As currently filed, the false advertising lawsuit seeks to cover all consumers in California who bought Tesla Model 3, Model S, Model X or Model Y…. Read More »
The Ins and Outs of Florida’s Deceptive Trade Practices Act
Florida’s Deceptive and Unfair Trade Practices Act or FDUTPA, can be a blessing or a curse, depending on whether you are a business trying to avoid getting into legal trouble, or a consumer trying to get redress for being wronged by an unscrupulous business. Either way, FDUTPA is a strong law that businesses should… Read More »
Privileges and Confidentiality: There are More Than You Think
You probably know of, or are aware of, the attorney client privilege. But did you know there were many other forms of privileges? These are times when nobody, in or out of litigation, can ever compel you to provide confidential information. Knowing what these privileges are, other than the well known attorney client privilege,… Read More »
Don’t Get in Trouble With Contributory Infringement
As a business owner, you likely (hopefully) respect others’ intellectual property rights, and would never just blatantly infringe on others’ copyrights. But what about helping someone else infringe? That can get you in trouble as well—even if you’re not the one actually doing the infringement. What is Contributory Infringement? It’s called contributory infringement, and… Read More »
Employee Handbooks: Are They a Good Idea?
If you have a business, having an employee manual-or some kind of handbook, or policies and procedures manual—can help your employees understand what is expected of them, create an atmosphere of openness, and can let employees know what is and is not expected of them. But employee manuals come with one possible downfall: many… Read More »