Author Archives: Michael Pike and Daniel Lustig
Tentative Settlement: Apple and Shareholders Agree to Resolve “Batterygate” Case
According to a report from Bloomberg Law that was published on June 16th, 2023, Apple has reached a tentative agreement with its shareholders to resolve “batterygate.” The case was centered around a derivative lawsuit that was filed over an alleged Apple update that slowed down iPhones. The settlement still needs to be approved by… Read More »
Five Examples of Violations of the FDUTPA
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that prohibits businesses and other commercial entities from engaging in deception and other types of unfair trade practices. A consumer or business that suffers losses due to an FDUTPA violation can file a lawsuit to seek compensation. This raises an important… Read More »
Gap Prevails in Diversity-Related Shareholder Lawsuit—Significant Circuit Split Now Exists on Enforceability of Shareholder Derivative Forum Selection Clauses
According to a report from Reuters, Gap—the large San Francisco, CA based retail brand—has prevailed in a shareholder lawsuit over allegations that it breached its obligations to shareholders by making material misrepresentations about the level of racial diversity among members of its corporate leadership. Notably, the company won on a technical shareholder law matter…. Read More »
Supreme Court Issues Ruling in Key Shareholder Rights Case
According to a report from Bloomberg Law News, the Supreme Court of the United States issued an instructive ruling in the shareholder rights case of Slack Technologies, LLC v. Pirani. In partially overruling the Ninth Circuit Court of Appeals, the nation’s highest court limited the ability of shareholders to file certain lawsuits. Within this… Read More »
Essential Legal Considerations for Business Partnerships
Forming a business partnership can be a promising venture. The excitement of starting a new enterprise is considerable, however you must be careful. It is essential to lay a solid legal foundation to prevent potential conflicts and avoid any future litigation. The following are some of the most essential legal considerations for business partnerships:… Read More »
Business Fraud: Publishers Clearing House Required to Pay $18.5m to Consumers
Most generations above millennials are probably familiar with Publishers Clearing House (PCH). Famous for mailers with a message that “You May Have Already Won” millions of dollars presented in a way that looks like you actually won millions of dollars, PCH is not new to the deception game. However, this time, it will cost… Read More »
Can a Business Partner Take a Commercial Opportunity for Themselves?
What happens if your business partner decides to forgo an opportunity for the company and instead use it for themselves or one of their other businesses? Do you have any rights or options in Florida law? The answer is “yes”—though, the specific circumstances always matter, including the type of business you have, the nature… Read More »
What are Consequential Damages in a Breach of Contract Case?
When there is breach of contract, you would normally read the contract, and sue, expecting to receive whatever you would have received, had the contract been perfumed by the other side the way it should have been. This is generally the way damages are measured in a breach of contract case—we want the non… Read More »
Court Rules an Emoji Can Bind You to a Contract
More and more of us are becoming aware that the things we text have actually legal impact and meaning. Just like any kind of writing, our texts can bind us, and be used as evidence in all kinds of legal proceedings. But as one farmer has now learned, not only can the words you… Read More »
Can You Enforce English Only Policies at Work?
Most employers know that discriminating on the basis of national origin is illegal, and would never do such a thing. But many employers also will very willingly impose “English only” policies in the workplace. What they may not know is that by doing so, they may be unknowingly discriminating on the basis of national… Read More »
Would You Recognize Sexual Harassment in Your Office?
You run a tight ship, and a business that respects employees. You would never knowingly allow sexual harassment to happen in your business. But most companies that get into legal trouble for sexual harassment, get into that trouble, because they don’t recognize some forms of sexual harassment, when it happens. Not all sexual harassment… Read More »
Photo Releases: When Do You Need Them?
In the process of documenting what happens in your business, or at your business functions, you may understandably want to take pictures. And when you do, you may want to use those pictures for any number of reasons, on any number of different kinds of platforms. But those pictures have people in them—people who… Read More »
Demystifying Arbitration: A Quick Guide for Businesses and Individuals
Arbitration has emerged as a popular alternative to traditional litigation for resolving disputes. Whether you’re a business owner seeking an efficient way to handle commercial disagreements or an individual navigating a legal issue, understanding arbitration can be immensely beneficial. In this comprehensive guide, we aim to demystify the concept of arbitration, shedding light on… Read More »
The Fight Over Who Owns “Taco Tuesday” is Over
Good news, taco lovers: You are now free to use the term “Taco Tuesday,” as much as you like, and generally, wherever you like. This was the result of a recent lawsuit between two rival Mexican fast food chains, involving the use of the term—but it’s also an interesting lesson in how trademark rights… Read More »
An Example of Arbitration in Sports: Boston Bruins & Jeremy Swayman
Arbitration plays a significant role in resolving sports-related disputes. Sports contracts can be complex and arbitration provides an effective means to resolve contractual disputes, including salary disputes. A great example of this is the current case involving the Boston Bruins hockey team and restricted free agent goaltender Jeremy Swayman. In professional team sports with salary… Read More »
How to Keep Your Business Legally Compliant
When running a business, it is imperative that you keep your business compliant with state and federal business laws. Your legal responsibilities will depend on your business and location, according to the U.S. Small Business Administration (SBA). To stay legally compliant, you’ll need to meet external and internal business compliance requirements. Most external requirements… Read More »
Exploring Arbitration: Get to Know Common Cases
Arbitration is a form of alternative dispute resolution (ADR) used to resolve legal conflicts outside of traditional court proceedings. It involves the submission of a dispute to one or more impartial third parties known as arbitrators or a panel of arbitrators. The parties involved in the dispute agree to abide by the arbitrators’ decision,… Read More »
Indemnity: What it Means, and Why it Could Affect You
Imagine that you are signing a business contract with a vendor or customer or client. At the end of that contract or buried somewhere in the middle, is a provision called “indemnity.” You sign the contract. Little do you know it, but signing that indemnity contract just puts you on the hook for the… Read More »
Don’t Get in Trouble for Using Dark Patterns on Your Website
If you have an online business, it probably thrives on the ability to sign up customers, or get them to make purchases, and the ability to avoid customers from canceling your product or service. This is especially true if you utilize a subscription model for your business. But be very careful—the Federal Trade Commision… Read More »
Can You be Sued for Discriminating on the Basis of an Employee’s Size or Weight?
Imagine that you have an employee, and the employee is not performing up to standards. You fire, or demote that employee. The employee, a larger person, then contends that you fired him or her, because of size—that is, the employee accuses you of discriminating because of his or her obesity condition. Can you be… Read More »