Author Archives: Michael Pike and Daniel Lustig
Will Supreme Court’s Ruling Reduce Personal Injury Lawsuit Incentives?
As we’ve previously discussed, the Supreme Court weighed in on a Florida personal injury lawsuit ruling 7-2 against the victim’s family, thereby allowing Florida to recover hundreds of thousands of dollars in settlement funds earmarked for the woman’s medical care. Since then, there has been much speculation over allowing state Medicaid programs to collect… Read More »
What Is A SaaS Agreement?
In many cases, your business may use business that your business doesn’t own. This is usually done through licensing. But today, much of the software that we use is in the cloud, or online, which, although similar, is not exactly the same as licensing software. Whether you are a company using software, or a… Read More »
Copyright Problems For The Studio That Made The Recent Top Gun Movie
When it comes to copyright infringement, and making sure that you have the correct licenses and permissions to use others’ intellectual property, you would think that multimillion dollar movie studios always get it right. But even they aren’t free from infringement lawsuits, as Paramount is now finding out after being sued after the release… Read More »
What Is Included In A Typical Shareholders’ Agreement?
When someone buys shares in, say Microsoft, or Amazon, or Costco, or any number of larger companies, shareholder agreements aren’t really vital—after all, you’re probably buying the shares largely to make money, and your involvement in the company will be limited to choosing how long you keep the stock you purchased. But in a… Read More »
Is A Contract Enforceable If Only One Side Signs It?
Let’s say that you have a small business fixing computers. A company hires you. They send you a contract, but you miss it or get busy, and you don’t sign it. You do show up and do the work. The company later doesn’t pay you, or pays you less than agreed, based on the… Read More »
What To Know About Shareholder Agreements And Mandatory Arbitration
Are you involved in a shareholder dispute in Florida? If so, it is crucial that you know your rights under the shareholder agreement and state law. Many modern shareholder agreements contain contract language calling for arbitration for any disputes. You may hear this referred to as a mandatory arbitration provision or a forced arbitration… Read More »
What Makes A Civil RICO Claim Different From A Business Fraud Claim?
There has been a rise in civil RICO litigation in recent years. Under the federal RICO Act and the Florida RICO Act an individual or business that suffered losses due to illicit racketeering activity can seek justice and compensation. Additional compensation is available in a civil RICO claim—but it is more difficult to prove… Read More »
FDUTPA Watch: Eleventh Circuit Upholds Injunction Against Florida’s Social Media Law
On May 23rd, 2022, the United States Court of Appeals for the Eleventh Circuit upheld the injunction of Florida’s controversial “social media” law. The law—which would allow individuals to sue social media companies for inconsistent bans—has been deemed likely to violate the First Amendment of the U.S. Constitution. In this article, our West Palm… Read More »
Want To Avoid A Partnership Dispute? Six Things That Should Be Addressed In Your Partnership Agreement
A legal dispute with a business partner can be costly. It can be time-consuming, expensive, and, perhaps worst of all, it could even destroy your business. The best way to avoid a partnership dispute is to ensure that you have a comprehensive and well-drafted partnership agreement. A partnership agreement should thoroughly address all of… Read More »
False Advertising In Florida: Know The Definition And Your Legal Options
Advertising is everywhere. As all savvy consumers know-well, advertising is not independent or unbiased. An advertisement is trying to sell a product or service. Companies have a right to advertise. At the same time, you have a fair and reasonable expectation that an advertisement is making accurate representations. False advertising is an illegal, deceptive… Read More »
DOJ: Fourth Person In Florida Pleads Guilty To RICO Charges In ‘Grandparent Scam’ Case
On May 26th, 2022, the Department of Justice (DOJ) officially obtained a guilty plea from a fourth person in a so-called “grandparent scam.” The defendant, Joaquin Lopez, 46 of Broward County, is one of several people in this case who has ties to Florida. Mr. Lopez was allegedly part of a criminal racketeering scheme… Read More »
June 20 Is Ride To Work Day
The internationally-recognized Ride to Work Day, which is held on the third Monday of June, is coming up in just a couple weeks. The 501 c4 non-profit organization advocates and supports the use of motorcycles and scooters for transportation, and provides information about everyday utility riding to the public. Motorcyclists are encouraged annually to… Read More »
Doing Business With The Government Can Threaten Your Trade Secrets
When you sign up to do a government contract, or any service for the government, you may be forgetting one thing: Government information is public, both under federal and state law. That means that anybody can ask for it, and receive it. But you may have information in your bid, or correspondence with the… Read More »
Supreme Court Rules On Florida Personal Injury Lawsuit
The highest court in the United States has ruled on a case from a Florida accident in which a 13-year-old girl was hit by a pickup truck, leaving her in the vegetative state in which she remains to this day. The Supreme Court of the United States ruled 7-2 against the woman, thereby allowing… Read More »
Social Media Companies Go To Battle With Texas
If you have a business, it’s likely you have a website. If your website has opinions or viewpoints on it, you may feel that you are safe under the First Amendment to say or write what you want. But a Texas law aimed at social media companies is poised to try to change that…. Read More »
National Dog Bite Awareness Week: June 5 To 11
National Dog Bite Awareness Week was Sunday, June 5, through Saturday, June 11, 2022, and although it focused on postal workers’ safety, it’s important that every dog owner know Florida’s liability laws when it comes to dog ownership. Florida’s dog bite statute, which can be found at Florida Statutes section 767.04, states the following:… Read More »
What Is A Registered Agent?
If you’ve registered a corporation at any point, you’ve probably noticed that you have to designate a registered agent. In fact, you may have had a registered agent for many years, and maybe not even have known who it was or what your registered agent is even supposed to do for you. What Does… Read More »
LLCs, LLPs, And LLLPs…What’s The Difference?
If you are looking to start a business, there are a lot of options. Many people know about an LLC, which can provide some benefits that a traditional corporation cannot do. You can be a single-member LLC, there are tax benefits, and you have flexibility over who has what decision making for the business…. Read More »
Mistakes Businesses Make On Social Media
Social media is everywhere, and it is a valuable tool in promoting your business. But it’s also sometimes abused. It’s easy to make mistakes on social media—here’s some to avoid. Taking Posts Down Before we get to the things that businesses often do wrong on social media, many people ask, “can’t I just take… Read More »
What Must Be Disclosed To You If You Purchase A Franchise?
If you are thinking of buying a business, you may be considering a franchise. Many franchises have well known names, and established business models, making them ideal—you don’t need a lot of experience, many train you in the business, and many items, like promotional materials and marketing, are provided for you. When and if… Read More »