Author Archives: Michael Pike and Daniel Lustig
Do You Have to Perform Under a Contract When the Other Side Breaches?
In any breach of contract cases, it is common to have both parties suing each other, both alleging that the other breached its obligations under the contract. But what happens in that situation: can two parties be in breach of an agreement, and if one party breaches, does the other party to the contract… Read More »
Fraud and Fraud in the Inducement: What’s the Difference?
Many of us already know what fraud is, and would not think of doing anything to purposely defraud someone else. But what many people aren’t aware of, is that there are different kinds of frauds—including frauds that happen even before a contract is entered into. When someone claims that they had a contract, and… Read More »
Taco Bell Faces False Advertising Lawsuit for Alleged “Skimpy” Fillings
According to reporting from The Washington Post, Taco Bell—the national fast-food chain owned by Yum! Brands Inc.—is facing a false advertising lawsuit for allegedly being “skimpy” when filing its popular Crunchwrap offering. In this article, our Florida deceptive and unfair trade practices lawyer discusses the allegations raised in this case and provides an overview… Read More »
JP Morgan, CEO Jamie Dimon Prevail in Shareholder Lawsuit Centered Around Alleged Ties to Disgraced Former Hedge Fund Manager Jeffrey Epstein
According to a report from Reuters, JP Morgan, its Chief Executive Officer (CEO) Jamie Dimon, and the company’s board of directors have prevailed in a shareholder derivative lawsuit centered around its alleged connections with former distracted hedge fund manager Jeffrey Epstein. A federal court dismissed the shareholder lawsuit on the grounds that shareholders failed… Read More »
What is the Role of a Mediator in Mediation of a Partnership Dispute in Florida?
Mediation can be one of the most effective methods to resolve a partnership dispute. Even when business partners are locked in a serious disagreement, there is often still a path towards an amicable resolution. The mediator—a neutral, independent party—plays an important role in the mediation process. Here, our West Palm Beach partnership lawyers explain… Read More »
A Plaintiff Must Plead Actual Damages for an FDUTPA Claim to Move Forward
Florida’s Deceptive and Unfair Trade Practices Act (The FDUTPA) is a state law that prohibits unfair business activities. The FDUTPA allows consumers to hold a business or organization legally liable for damages caused by commercial deception or abusive practices. To bring a winning FDUTPA, a plaintiff must prove “actual damages”—as that is the core… Read More »
Florida Resident Files Nine Figure False Advertising Lawsuit Filed Against Frontier Airlines (Alleged Hidden Fees)
According to a report from TravelPulse, a resident of Florida has filed a $100 million false advertising lawsuit against Frontier Airlines. The complaint—which was filed in the United States District Court for the Southern District of Florida—alleges that the Denver-based low-cost airline improperly used hidden fees to deceive consumers. Here, our West Palm Beach… Read More »
When is an Accounting the Right Solution for a Partnership Dispute in Florida?
Are you locked in a dispute with a business partner in Florida? Undoubtedly, you are looking for the most efficient, cost-effective resolution that properly protects your legal rights and financial interests. In Florida, an equitable remedy called “an accounting” can be an effective tool to solve complex partnership disputes. Though, it is not the… Read More »
FTC Releases Updated Advertising Guidelines for Review and Endorsements
On June 29th, 2023, the Federal Trade Commission (FTC) released the latest information about updated federal advertising guidelines regarding reviews and endorsements. The finalized rules make a number of important changes. Here, our West Palm Beach FDUTPA attorney highlights the key things to understand about the FTC’s revised advertising guidelines regarding reviews and endorsements…. Read More »
Bankruptcy for Your Business May not be the Help That You Think it Is
If you have a business and it’s in debt, you may be considering bankruptcy. After all, people file for bankruptcy all the time, and they generally walk away from the bankruptcy owing little or nothing. Could this be the solution to your business’ debt and financial problems? Chapter 11 Bankruptcy The answer is not… Read More »
Partnerships and Joint Ventures: What’s the Difference?
Partnerships and joint ventures are two business entities that are often used interchangeably, and to the general public, mean one and the same. But they do have different meanings, and do different things. Understanding a Partnership As a general rule, a partnership is intended to last for a long time, and undertake multiple projects… Read More »
Will Investors Sign an NDA When Considering Investing in Your Business?
If you are a startup or fledgling business, and you need cash in the form of investors, you may find yourself in a conundrum: On the one hand, you need investors, and investors want to know what they are investing in—which necessarily entails that you give investors some of the “secret sauce” that makes… Read More »
Forum Selection Clause Upheld in Shareholder Dispute
According to a report from Reuters, a federal judge in Texas has upheld a forum selection clause in a shareholder derivative agreement. In doing so, the court effectively ended a shareholder derivative lawsuit filed against the company SolarWinds. Here, our Miami shareholder rights lawyer discusses the case and highlights the key things to understand… Read More »
Do We Still Need a Partnership Agreement If We are Starting a Family Business?
Are you preparing to enter into business with a family member? A partnership—whether a limited partnership (LP) or limited liability partnership (LLP)—may be the right legal structure for your company. You may be wondering: Is a partnership agreement still necessary for a family business? The short answer is “yes”—there are a number of different… Read More »
I Want Out of My Business Partnership in Florida—What are My Options?
Are you seeking an exit from your business partnership in Florida? The complexities surrounding partnership dissolutions require careful consideration of available options. Here, our West Palm Beach partnership lawyer explores the various avenues available to individuals looking to sever ties with their business partners in Florida. Step #1: Thoroughly Review Your Partnership Agreement Before… Read More »
Disney Prevails in Shareholder Lawsuit Over Ongoing Feud with State of Florida
According to a report from Bloomberg Law, Disney has prevailed in a shareholder lawsuit related to its ongoing feud with the State of Florida and its Governor Ron DeSantis. Within this blog post, our Miami shareholder rights lawyer provides an overview of the dispute and highlights some notable lessons for shareholder litigation more broadly…. Read More »
FTC Takes Enforcement Action Against Amazon Over Prime
On June 21st, 2023, the Federal Trade Commission (FTC) announced proposed enforcement action against Amazon related to alleged deceptive and unfair commercial conduct related to its Prime subscription service. Here, our West Palm Beach FDUTPA lawyers discuss the charges and the proposed FTC enforcement action against Amazon. FTC: Amazon Engaged in Deceptive and Unfair… Read More »
Shareholder Litigation: Ryanair Settles Lawsuit Regarding Unionization Comments
According to a report from Reuters, Ryanair—the Ireland headquartered discount airline—has agreed to settle a shareholder lawsuit over comments a corporate executive made regarding the unionization of the workforce. Within this blog post, our Miami shareholder dispute attorney provides an overview of the Ryanair shareholder settlement. Ryanair Leadership Allegedly Misrepresented Willingness to Accept Worker… Read More »
What is the Florida Business Judgment Rule and How Does it Apply to Shareholder Litigation?
A minority shareholder puts faith in the hands of the officers, directors, and other decision makers of a corporation. When something goes terribly wrong, a shareholder may have a claim against the company. However, corporate officers and corporate directors have wide latitude to make business decisions. Shareholders take on certain inherent risks when investing… Read More »
Can I Make My Business Partner Invest More in the Partnership in Florida?
A successful business partnership will generally require a significant investment of resources—time, money, etc—on the part of the business partners. You may be wondering: What options are available if my partner is not investing enough into our business? In Florida, the answer depends primarily on the terms of your partnership agreement. Here, our Miami… Read More »
