Author Archives: Michael Pike and Daniel Lustig
Report: Car Dealerships Still Charging Unlawful Fees In Violation Of FDUTPA (Buying Out Car Leases)
According to a report from Local News 10, too many auto dealerships in our state continue to violate the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) by charging unlawful fees. The law is clear: Consumers in Florida should not be charged any “dealer fees” when buying out car leases. In this blog post,… Read More »
Four Things To Know When Requesting An Accounting In A Partnership Dispute In Florida
Are you locked in a financial dispute with a business partner? If so, an accounting (equitable accounting) may be one of your best options for a cost-effective, efficient solution. In this article, our West Palm Beach partnership disputes attorney highlights four tips to keep in mind if you are preparing to request an accounting… Read More »
Hurricane Season 2022: What You Need To Do Legally To Protect Your Family Financially
By Daniel Lustig, Attorney and Partner, Pike & Lustig LLP Hurricane season begins on June 1 and this year forecasters at NOAA’s Climate Prediction Center are once again predicting above-average hurricane activity this year, making it the seventh consecutive above-average hurricane season. NOAA’s outlook for the 2022 Atlantic hurricane season, which extends until November 30,… Read More »
Spirit Airlines Facing Shareholder Lawsuit Over Potential Deal With Frontier
Spirit Airlines is one of the nation’s top low-cost commercial carriers. It is headquartered in Miramar, Florida. The company is currently prepared to pursue a merger with one of the nation’s other most prominent budget carriers, Frontier Airlines. In recent weeks, the deal has been disrupted by a late-attempt by JetBlue to buy Spirit… Read More »
Civil RICO Claims: Understanding The Judicial Interpretation Of ‘Pattern’ Requirement
Through a civil RICO lawsuit (federal or state), a plaintiff can take action to hold a defendant(s) legally responsible for damages caused by unlawful racketeering activity. The treble damages provision of the civil RICO statute allows a plaintiff that brings a successful claim to recover compensation worth three times their actual damages. That being… Read More »
Shareholder Files Lawsuit Over Oscar Health IPO
According to a report from Fierce Healthcare, a shareholder has filed a class action lawsuit against Oscar Health. A New York City based health insurance firm, Oscar Health markets itself to consumers as providing flexible plans that offer greater telemedicine services. In March of 2021, Oscar Health raised more than $1 billion from investors… Read More »
Partnership Dispute: Am I Liable For A Business Partner’s Debt In Florida?
Disagreements between business partners can be among the most challenging commercial disputes to navigate. Partnership disputes can arise for a wide range of different reasons—debt is often an area of concern. You may be wondering: Are you liable for your business partner’s debt? In Florida, the answer depends on many factors—including the specific circumstances… Read More »
Robert Johnson Quoted In Hit And Run Coverage On CBS12
As we’ve discussed, May is Motorcycle and Bicycle Safety Awareness Month and unfortunately a tragic accident out of Palm Beach Gardens highlights the importance of safety by demonstrating what not to do. Pike & Lustig Associate Robert Johnson was tapped by CBS12 to discuss the hit & run accident and was quoted in the… Read More »
Florida’s New Receiver Laws And Commercial Foreclosures
Often, when lenders have an interest in commercial property, they are concerned that the property will be damaged, or mismanaged. The lender has an interest in the property given that the property is the lender’s security for the loan. Concerns a Foreclosing Lender May Have When a business defendant is in foreclosure, and the… Read More »
Michael Pike Featured On WPTV Discussing Boat Safety
Pike & Lustig Managing Partner Michael Pike appeared on WPTV this week to discuss boat safety ahead of Memorial Day weekend in honor of national boater safety week. Pike took a news crew as well as a few special passengers to cover the important topic as 60 people died last year in boating accidents…. Read More »
Be Careful When Drafting And Approving Corporate Minutes
When your company has meetings, you may already know that you need to take minutes of the meetings. Minutes are written recordings of what happens in your meetings, and while there is no official way to do them correctly or incorrectly, there definitely are things to keep in mind when taking corporate minutes. Be… Read More »
Can You Require Your Employees To Get Vaccinated For COVID?
If you are an employer in Florida, you may be thinking of requiring your employees to be vaccinated against COVID. However, there is a lot of confusion about whether this is legal and how it can be implemented. Here are some guidelines on Florida Law, related to the mandatory vaccination of employees. Employees Must… Read More »
What You Can (And Cannot) Recover In An FDUTPA Lawsuit
The FDUTPA—Florida’s Florida Deceptive and Unfair Trade Practices Act—provides powerful legal remedies to consumers and businesses harmed by an unjust business practice. The statute allows individuals, companies, and organizations to pursue financial compensation for their damages. That being said, there are some limits in place for financial recovery under the law. In this blog… Read More »
Is The Burden Of Proof Lower In A Civil RICO Lawsuit In Florida?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a law that imposed liability for harm caused by illicit racketeering activity. The RICO Act has both criminal and civil statutory elements. A defendant could be arrested and charged with a criminal RICO offense and/or a defendant could face a civil RICO lawsuit from a… Read More »
Netflix Shareholders Sues Company Over Slumping Subscription Numbers
On May 4th, 2022, Reuters reported that a group representing Netflix shareholders has filed a lawsuit against the company arguing that corporate leadership made material misrepresentations about the firm’s ability to keep growing its subscriber base. The shareholder lawsuit was filed in the federal court in the Northern District of California. Here, our West… Read More »
Anticipatory Repudiation: Breaching A Contract Before Its Breached
You probably know that if you don’t live up to the terms of a contract, or you fail to do what a contract requires that you can be sued for breach of contract. But what if you just say that you don’t intend to comply with or that you can’t comply with a contract?… Read More »
What Is A Transformative Work?
Copyright law can be confusing, and one area where there is a lot of confusion is the extent to which you can alter or change an existing copyright and make it yours. In other words, when does a work that you create become a “new” work that is yours, giving you all the rights… Read More »
Pitfalls When Signing Settlement Agreements
Let’s say that you have a legal issue or disagreement. You were thinking of getting an attorney involved, but it turns out that the other side has agreed to settle your case, for terms that you agree with. Luckily, you avoided having to get an attorney—just sign the settlement agreement, and your problems are… Read More »
Lawsuits For Meddling With Someone Else’s Contracts Or Business Relationships
Let’s say that you have a business—for our example, assume that you install and fix sound systems. You get lucky, and you sign a major deal with a used car company; your company will be the company that will install, repair, and refurbish all of the sound systems in the cars that the used… Read More »
Don’t Run Into Problems With Towing Laws
If you own a business, or you own property, it’s going to happen: People you don’t know, or who you didn’t authorize, will park in your parking spaces. When that happens, it may be time to call the towing company. To avoid problems, here’s a short primer on towing laws, and your right as… Read More »
