Author Archives: Michael Pike and Daniel Lustig
Florida Attorney General Warns Consumers About Vacation Rental Scams
On July 7th, 2022, Office of Attorney General Ashley Moody issued an official consumer alert warning Florida residents to beware of vacation rental scams this summer. As vacation season hits full swing, scammers are putting even more effort into defrauding honest, hard-working people. Here, our West Palm Beach deceptive & unfair trade practices lawyer… Read More »
Layoffs, Office Closings, And Your Obligation To Provide WARN Notices
If your company falls on hard times, and you have to lay off employees, you generally can do so without fear of lawsuits; Florida is, after all, an at-will employment state, and there is nothing in any law that says that you can’t lay people off when the company can no longer afford staff…. Read More »
Clawback Suits: Getting Sued In Bankruptcy When You’re Not In Bankruptcy
Neither you nor your business is filing for bankruptcy. You don’t offhand know anybody who is filing for bankruptcy. So how is it that you or your business has just been served with a lawsuit from a bankruptcy trustee? How did you get involved in a bankruptcy lawsuit without seemingly doing anything wrong? Clawback… Read More »
Don’t Get Sued For Sending Text Messages
Do you send text messages to customers as part of your business? If you are, be very careful—you could be setting yourself up for liability and lawsuits under the Telephone Consumer Protection Act (TCPA) which prohibits a whole range of activities, such as calls to landlines, calls to cell phones, facsimiles and text messages…. Read More »
My Business Partner Is Making Important Decisions Without Me—What Are My Rights?
A business partnership requires trust and a good working relationship. When all parties are not on the same page, there can be serious issues. This raises an important question: Can a business partner make a major decision without me? In Florida, the answer depends largely on the specific structure of your business. In this… Read More »
Federal And State Regulators Shut Down Grant-Writing Scam In Florida
On June 27th, 2022, the Federal Trade Commission (FTC) announced that it was working with the State of Florida to take enforcement action against a company called C Lee Enterprises LLC (DBA: Grant Bae) and its owner Traeshonna P. Graham. Ms. Graham allegedly took advantage of minority-owned small businesses that were seeking COVID-19 related… Read More »
Federal Judge Dismisses A Pair Of Civil RICO Lawsuits For Plaintiffs’ Failure To Demonstrate A Pattern Of Racketeering Activity
According to a report from Law.com, a federal judge has dismissed two civil RICO lawsuits over each plaintiff’s failure to allege a sufficient “pattern of racketeering activity.” The ruling once again demonstrates the high bar to establish a civil RICO violation. In this article, our West Palm Beach RICO claims lawyer explains the key… Read More »
What Is – And Is Not – Marital Status Discrimination?
If you have an employee who alleges that they are being discriminated against because of their marital status, be it single, married, divorced or something else, is that a valid claim? Do you, as an employer, have to worry about being sued because you treated someone unfairly based on their marital status? Marital Status… Read More »
Do You Have To Accommodate An Employee With Fibromyalgia?
Fibromyalgia may be one of the lesser known diseases or ailments, and so when an employee comes to you asking for accommodations, you may be unsure of whether or not you have to provide these. The Americans With Disabilities Act Remember that the Americans With Disabilities Act does not have a specific list of… Read More »
Keywords And Trademark Infringement
It is easy to forget how often today’s search engine optimization (SEO) techniques and keyword advertising can end up in court, often over matters related to intellectual property. Such was the case with two large eyeglass manufacturers, and the use of keywords. Keyword Use If you were advertising for your company, you probably would… Read More »
Three Unique Considerations In A Business Partnership Dispute With A Family Member
For business owners who are in a partnership with their own family member, navigating a dispute can be especially challenging. The emotions can run high and there are some unique issues that need to be considered and addressed as part of the process. Here, our Miami partnership dispute attorney highlights three unique considerations in… Read More »
Multinational Corporate Giant Unilever Faces Shareholder Lawsuit Of The Ben And Jerry’s “Boycott” Of Israel
According to a report from Reuters, Unilever—the London-based multinational consumer goods company—is facing a lawsuit from a shareholder over Ben and Jerry’s boycott of Israel. The shareholder contends that the company mismanaged the situation. Below, our West Palm Beach shareholder dispute lawyer discusses the allegations raised in the lawsuit. Background: Unilever Acquired Ben &… Read More »
How Are Lost Profits Calculated Under The FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that grants parties a private right of action to hold a business or organization legally liable for damages caused by a misleading, unjust, or otherwise unlawful commercial practice. Notably, individual consumers, business consumers, and competing businesses all have the right to… Read More »
How Does A Prior Or Parallel Criminal Proceeding Impact A Civil RICO Lawsuit?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that imposes serious legal liability on those who engage in racketeering activity as part of an enterprise. Florida also has its own state RICO statute called the Florida RICO Act. Federal RICO law and Florida RICO law are both criminal and civil… Read More »
Credit Acceptance Agrees In Principle to $12 Million Settlement In Shareholder Lawsuit
According to a report from Automotive News, Credit Acceptance—a publicly traded Southfield, MI based finance company that operates in the auto finance space—has preliminarily agreed to a $12 million settlement of a shareholder lawsuit. The company has previously been cited by state regulators for “predatory and illegal business practices.” A group of shareholders argued… Read More »
Florida Wrongful Death Act Under Scrutiny Amid Recent Accusation Of Medical Malpractice
Under Florida law, a wrongful death occurs when a person or entity causes another person’s death by a “wrongful act, negligence, default, or breach of contract or warranty.” Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. Recently, it… Read More »
Can A Partnership Own Intellectual Property?
For many businesses, intellectual property (IP) is an increasingly important part of their overall value. The World Intellectual Property Organization (WIPO) notes that intellectual property is a broad term that covers things like “literary and artistic works; designs; and symbols, names and images used in commerce.” It could be a copyright, a trademark, or… Read More »
How Juries Are Picked In Business Law Cases
If you have a business law case that goes to a trial, your trial may involve a jury, which will decide whether you are right or wrong, and how much money you will have to pay or not pay. However, to many people, picking a jury is a mystery. It may help you in… Read More »
New Florida Law Makes Blasting Music In Car A Punishable Offense
Beginning Friday, July 1, 2022, drivers can receive a fine of up to $114 for blasting music in their cars. The new law allows officers to ticket those playing music audible from a minimum 25-foot distance. According to NBC Miami, the average car is about 15 feet long, making it within the statute for… Read More »
Your Business Has Debts: Should You Negotiate Or File Business Bankruptcy?
Let’s say that your business is having problems with creditors. So many problems that you start to wonder if maybe a business bankruptcy is right for you. Before you jump into that drastic step, there are things you should know about business bankruptcies. Business Bankruptcy What happens to your business when you file for… Read More »
