Author Archives: Michael Pike and Daniel Lustig
Goldman Sachs Reaches A Nearly $80 Million Settlement In A Shareholder Derivative Lawsuit
According to a report from Bloomberg Law, the investment banking company Goldman Sachs has agreed to pay nearly $80 million to resolve a shareholder derivative lawsuit. The dispute is related to a bribery scandal centered around the troubled and insolvent strategic management company 1Malaysia Development Berhad (1MDB). Within this article, our Miami shareholder dispute… Read More »
Unfairly Prejudicial Evidence May Be Excluded
By its very nature, all evidence in a personal injury case is prejudicial. That means it favors one side or the other. If evidence was neutral, and didn’t really help or hurt anyone, it probably would be ignored by the parties. The goal of the parties in a personal injury trial is to put… Read More »
The Choice Is Yours: Settle Your Case Or Go To Trial?
Most personal injuries cases don’t ever get to trial. A lawsuit may be filed, and your case may be in court, but that doesn’t mean that you will ever actually have your case heard before a jury, with witnesses, and testimony. That’s because many personal injury cases settle, before they ever get to trial…. Read More »
Can Any Adult Limit A Minor’s Right To Sue For Injuries?
In many commercial contracts and agreements, you may have noticed that businesses will require you to sign clauses that limit your right to sue. These may prohibit you from suing altogether, or compel you to go to arbitration instead of going to court. Are They Enforceable? As a general rule, these clauses are enforceable,… Read More »
Cities And Towns In Rhode Island File A Civil RICO Lawsuit Against Consulting Firm McKinsey
According to a report from GoLocalProv, several municipal governments in Rhode Island have filed a civil RICO lawsuit against the national consulting firm McKinsey & Company. The civil racketeering claim relates to McKinsey’s alleged role in the opioid epidemic. Notably, there is already multi-district litigation ongoing regarding this matter. Here, our West Palm Beach… Read More »
Four Things You Need To Know About Shareholder Disputes Under Florida Law
A shareholder of a corporation is an entity—an individual, a company, etc—that owns a stake in the business. Minority shareholders do not have direct control over how a business is operated. As a consequence, they have to put their faith into the hands of other parties. Disputes between corporations and their shareholders can arise… Read More »
Federal Civil RICO Claims: RICO Conspiracy Lawsuits
Racketeering is illegal. The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that prohibits racketeering. Florida has its own state RICO law. Notably, these statutes have both criminal and civil elements. A person, business, or organization that suffered financial harm due to racketeering activity can file a lawsuit directly against the… Read More »
Internal Bleeding Can Kill Silently And Quickly
For many people, the amount of blood they can see equates to how serious of an accident there is, or the severity of an injury. But that fails to account for a very serious injury that you may not see: Internal bleeding. Many people may not even know what internal bleeding is, why it’s… Read More »
Do You Know What Drowning Looks Like?
Let’s say you have a pool, and you have guests, visitors or kids who come to use your pool. You are responsible, so you always make sure that you or an adult who can swim, are in the nearby vicinity whenever people come to use your pool. But for as strong a swimmer as… Read More »
Meet The Genetically Altered Human, Designed To Withstand Car Accidents
Science has spent a lot of time developing cars that are safer for people to be inside of. Airbags, radar technology, crumple zones, cameras and other safety features try to avoid accidents, or lessen the impact to the occupants when there is an accident. But maybe the solution is to just forget the car,… Read More »
October Is Pedestrian Safety Month
The U.S. Department of Transportation marks October as National Pedestrian Safety Month, which celebrates the right of every person to safely co-exist on the streets and reminds drivers of their responsibility to stay alert for pedestrians, cyclists, and other vulnerable road users. In 2020, 6,516 pedestrians were killed in the United States – an average of… Read More »
Federal Judge Dismisses Majority Of Cayuga Nation’s Civil RICO Lawsuit
According to a report from Auburn Citizen, a federal judge has dismissed a civil racketeering lawsuit filed by the Cayuga Nation. The Cayuga Nation of New York is a federally recognized Native American tribe. The group alleged that Pipekeepers Tobacco & Gas—a smoke shop located in Upstate New York—has committed a civil RICO violation…. Read More »
How To Defend An FDUTPA Lawsuit In South Florida
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows individuals and businesses to recover compensation if they sustained losses due to deception or other unfair commercial activity. Through an FDUTPA claim, a company can be held liable for the plaintiff’s “actual damages.” Of course, not all FDUTPA claims are well-substantiated. Businesses have a… Read More »
Can A Partner In A Business In Florida Also Be Considered An Employee Of The Company?
Business partners rely on each other to work towards building a strong and successful company. A partnership in Florida may also rely on the contributions of others, including the employees that they hire. You may be wondering: Can a partner in a business partnership also be an employee in Florida? The technical answer is… Read More »
Not Appetizing: Finding Foreign Objects In Your Food
There is an old television trope, where someone goes to a restaurant and complains that there is a fly in their soup. Although a bit dated, the variations on the theme can be funny. Except when that happens in real life. What happens when something is in your food that isn’t supposed to be… Read More »
Mediation And Arbitration: What’s The Difference?
You may already know that if you have a personal injury case, it will resolve either in a trial before a jury, or by a settlement. Assuming you don’t want to go to trial, how does your case actually settle? Of course, one obvious way is just through negotiation–both sides (or their lawyers) on… Read More »
Floridians, Take Notice: October Is Pedestrian Safety Month
By Michael Pike, Attorney and Managing Partner, Pike & Lustig LLP The U.S. Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) mark National Pedestrian Safety Month in October. Their goal is to recognize the right of every person to safely co-exist on the streets with motor vehicles… Read More »
Warriors’ Steve Kerr Shows How Dangerous Back Injuries And Surgery Can Be
The NBA basketball season is about to start again, and the defending champion Golden State Warriors are in many of the NBA headlines. The Warriors are coached by head coach and former player Steve Kerr. When you see Kerr on the sideline, he seems healthy and athletic. But Kerr has a history of a… Read More »
Kind Bar Prevails In Consumer Deception Lawsuit
According to reporting from Bloomberg Law, Kind LLC—the snack food company headquartered in New York City—has prevailed in a consumer deception claim. A federal judge dismissed the complaint on the grounds that the plaintiff failed to provide evidence to show how a “reasonable consumer” would be deceived by the company’s marketing. Here, our Miami… Read More »
How Can A Buyout Agreement Help Prevent & Resolve Partnership Disputes In Florida?
Partnerships can be efficient and effective business entities. Partners in business are required to put a lot of faith in each other. The sudden death, disability, or retirement of a business partner is a high risk period for disputes. A buyout agreement is one of the most useful tools for preventing and resolving these… Read More »
