Author Archives: Michael Pike and Daniel Lustig
Choice of Law and Choice of Venue Clauses: What Are They?
When drafting or negotiating business agreements many businesses overlook what are known as choice of law, or choice of venue provisions. These contractual provisions can make your life easier—or harder if someone else puts them into your contracts without knowing it. Choice of Venue A venue clause says that a case has to be… Read More »
New Law Affects Accommodations for Pregnant Employees
If you have a business with employees, you likely know that you can’t discriminate against pregnant employees. So, refusing to hire, or firing an employee because she is pregnant would lead to a lawsuit. But a new law has been passed that now requires your business to make broader accommodations for pregnant workers. Making… Read More »
A Primer on Collecting Your Debts Safely
When someone owes you debt, collecting on that debt can be the difference between keeping your business’ doors open, or having to close them. But you also know that debt collection can be not just distasteful, but also can lead to legal problems, if it’s not done correctly. How can you stay safe when… Read More »
Do You Have to Provide Employees Intermittent Leave?
If you have an employee with a disability or illness, you may already be aware that you are obligated to provide them some type of leave, or absence, or accommodation (depending on the situation and the applicable law that applies to that situation). And if it is apparent that as part of an accommodation,… Read More »
Shareholders Derivative Lawsuits Hold Company Ownership Accountable
If you have a business with shareholders, your shareholders make money, when your business makes money. But what if it doesn’t? Can your shareholders sue you, as the owner or manager of a company, for your failure to make them a profit off of their investment in their shares? The answer largely depends on… Read More »
The Benefits of Having a Business Buy-Sell Agreement
Business succession planning is not just about the death of a shareholder or owner of a business. There are a lot of scenarios that could lead to all or part of your business ending up in the wrong hands. To plan in advance, and avoid potential problems, you may want to consider a buy-sell… Read More »
Why Arbitration Awards Aren’t Often Vacated
A ruling by the Eleventh Circuit Court of Appeals last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures, reminds the legal world how difficult it is to have the grounds acknowledged that will vacate an arbitration decision. The case involved an international arbitration before the International… Read More »
Key Steps in the Commercial Litigation Process: From Filing to Resolution
Commercial litigation can be a complex and time-consuming process. Resolving legal disputes between businesses or individuals related to business matters through the court system should only be handled by experienced business litigation attorneys, as the litigation process can vary based on jurisdiction and the specifics of the case. However, it is important to understand… Read More »
Problems With Getting Current Employees to Sign Non Compete Agreements
Let’s say you are in a business or industry where noncompete agreements may benefit or protect you. You certainly know that noncompete agreements are legal, and you have a sense that most if not all of your employees would sign them if you asked (or required) them. The problem is that your employees are… Read More »
Understanding Important Terms in Your Commercial Lease
Signing a commercial lease can be one of the most important things that you do as a brick and mortar business. No matter what kind of business you are, a lease can make or break your business; it can increase expenses to the point that you cannot keep the doors open, and can keep… Read More »
Pre and Post Judgment Interest in Your Contracts Are Important to Have
If you go to court and a court awards you a dollar figure to compensate you for financial losses, it isn’t just the damages that stem from the contract that the court will award you. There is also something known as prejudgment interest. This kind of interest can add up, compensating you more fully… Read More »
Are You or Your Clients Handling Other People’s Credit? Watch Out for CROA
As attorneys, there are a number of situations when we may be called upon to assist consumers with their credit. You may have a client that is a victim of identity theft, and now has items on his or her credit that shouldn’t be there. Maybe you deal in real estate, and every now… Read More »
Recognizing a Hostile Work Environment in Your Workplace
When running a business or a workplace, you may already know to watch out for sexual harassment or discriminatory practices. But often, these things happen in what is known as a hostile work environment. This is a very particular type of harassment or discrimination, that can be hard for a business owner to identify—but… Read More »
Can You Prevent a Written Contract From Being Modified by a Later, Oral Agreement?
If you have a written contract, after that contract is entered into, it may seem that the contract is the final, definitive word on the rights, duties and obligations to that contract. But that’s not always the case, because what happens after the contract is entered into, can modify the terms of the otherwise… Read More »
Do You Have a Trademark? You Better Protect It
If you have a slogan, style, logo, or saying that is associated with your business, you may already know that to be fully protected, you need to trademark whatever it is that is unique to your business. And if you have already gone through the trademark process, congratulations—you’ve taken a big step to being… Read More »
Can You be Liable For Things Others Post on Your Website or Social Media?
If you have a website or an online presence, either your own or through social media, you want customer and client engagement. Discussions, comments and opinions can make you money online. But sometimes, people say things you may not want them to say. Specifically, they may defame other people. Can you be sued if… Read More »
What is Constructive Discharge and Could it Get You in Trouble?
If you have a business, you probably are somewhat aware of the situations where you don’t want to discriminate. But it does happen that for whatever reason, you may have an employee that, frankly, you just don’t like. Your Plan Let’s say you are concerned that firing an employee can get you in legal… Read More »
Navigating Alternative Dispute Resolution in Commercial Litigation
In the realm of business litigation, the pursuit of justice through traditional courtroom battles can often be time-consuming, costly, and emotionally draining for all parties involved. As a result, Alternative Dispute Resolution (ADR) methods have gained prominence as efficient and effective alternatives to resolve disputes. ADR encompasses various mechanisms such as arbitration, mediation, negotiation,… Read More »
Safeguarding Your Competitive Edge: Trade Secrets, Confidentiality, and Business Protection
In today’s competitive business landscape, maintaining a unique edge is paramount to success. One crucial element in preserving your competitive advantage is to safeguard your trade secrets and confidential information. So, what are trade secrets and confidentiality and why is it so imperative that you protect yours? Let’s discuss. Understanding Trade Secrets and Confidentiality… Read More »
We Do Not Agree On the Meaning Of Our Partnership Agreement—What are Our Options?
Every business partnership in Florida needs a well-drafted partnership agreement in place. The agreement is effectively a contract that helps to form the foundation of the business relationship, including setting up the rights and obligations of each business partner. Of course, even with a strong partnership agreement, disputes can still arise. What happens if… Read More »