Author Archives: Michael Pike and Daniel Lustig
Just What Is Discrimination Or An “Adverse Employment Action?”
When it comes to employment discrimination, many of us give a lot of thought to who can’t be discriminated against. In other words, we concentrate on sex, pregnancy, race, age or disability, to try to ensure that we aren’t discriminating against any of these groups. But we rarely think of what discrimination actually is—that… Read More »
What Is The Uniform Partnership Act (UPA)?
The Uniform Partnership Act (UPA) governs business partnerships in most U.S. states. Model legislation drafted initially drafted more than a century ago, the UPA has been ratified by every state except Louisiana. As the statute was modernized in 1997, you will also hear it referred to as the Revised Uniform Partnership Act (RUPA). In… Read More »
Florida Regulators Provide Consumer Protection Tips During Hurricane Awareness Week
On May 2nd, 2022, Florida Agriculture Commissioner Nikki Fried released consumer protection tips and anti-fraud guidance as part of National Hurricane Preparedness Week. Along with the FDACS, Commissioner Fried is warning consumers to watch out for scams in the coming months. Here, our Miami deceptive & unfair trade practices attorney highlights the consumer safety… Read More »
Who Can Be Named As A Defendant In A Federal Civil RICO Lawsuit?
In 1970, the Racketeer Influenced and Corrupt Organization (RICO) Act was passed into law in an effort to combat organized crime. RICO is a criminal statute that also includes a civil element. An individual, business, or organization defrauded due to racketeering activity can file a civil RICO lawsuit against the responsible party. This raises… Read More »
Doing Background Checks On Employees Can Keep You Out Of Trouble
If one of your employees commits a criminal act, or hurts someone while completely out of the scope, context, and duties of his or her employment, you may feel like you are absolved from liability. After all, you would never condone, allow, suggest or even retain, anybody that you knew could purposefully and perhaps… Read More »
Do You Report Consumer Credit? Don’t Get Into Trouble Doing It
If you are a business and you are making loans to others, or you are relying on payment from clients or customers, you may rely on the power of credit reporting to compel others to pay what they owe you. The ability to report a negative mark to someone’s credit report is a powerful… Read More »
What Does A Home Seller Have To Disclose?
In a hot business market, many people are looking to buy and sell homes, or fix up older homes and flip them for profit. Selling homes can be big business. But it can also lead to big legal problems, as the sale of a home involves a complex set of laws, including questions of… Read More »
Consumer Protection In Florida: What I Was Told Is Not The Same As What Is In Writing
As a consumer in Florida, the state’s Deceptive and Unfair Trade Practices Law (FDUTPA) protects you against material misrepresentations, false advertising, and other unjust commercial practices by businesses. You can hold a business legally liable for damages sustained because of deceptive unfair trade practices. This raises an important question: What if a business is… Read More »
Can I Stop Myself From Being Expelled From A Business Partnership?
Forming a partnership can be an efficient and effective way to run a business in Florida. Though, even when business partners start out on great terms, conflicts can arise. There may even come a point in which one or more business partners takes action to try to expel another partner from the business. This… Read More »
An Overview Of Shareholder Rights In Florida
Are you a minority shareholder of a company in Florida? If so, it is crucial that you know your rights under state law. Shareholder rights help to ensure that the best interests of minority shareholders are properly protected by majority stakeholders and the officers/directors of the company. In this blog post, our Miami shareholder… Read More »
Who Has Standing To File A Federal Civil RICO Lawsuit?
Not everyone has the right to have their case heard in court. A plaintiff must first establish that they have “standing” in order to be eligible to pursue their legal claim. In the legal context, standing is simply the capacity to bring a particular lawsuit in court. In this blog post, our Miami RICO… Read More »
Dispelling Three Of The Most Common Myths About Shareholder Derivative Lawsuits
As a shareholder, your interests matter. You can take legal action if your rights have been violated. There are two types of shareholder lawsuits: Derivative claims and direct claims. The Cornell Legal Information Institute defines a shareholder derivative suit as “a lawsuit brought by a shareholder on behalf of a corporation.” There are many… Read More »
Partnership Law: Can A Partnership Exist Without A Formal Agreement In Florida?
Business partners should always have a formal, written agreement that has been drafted and reviewed by an attorney. This raises an important question: Can a business partnership be formed in Florida with a written agreement? The answer is ‘yes’—if you act like you are in a business partnership, you may have formed one even… Read More »
Revisiting One Of The Most Famous Personal Injury Lawsuits: 1994 McDonald’s Hot Coffee Is Too Hot
The McDonald’s hot coffee lawsuit is one of the most famous personal injury cases because back then, suing for hot coffee being too hot seemed idiotic to most people. The story most of us know is that in the early 90s, while driving in her car, a woman was holding McDonald’s coffee between her… Read More »
THC Makers, Candy Manufacturers, Fight Over Intellectual Property Infringement
If you made or created a food product, you would probably know better than to design your packaging exactly like a Snickers Bar, a Doritos Bag, a Nestle candy bar or some other well known and protected brand. But in the rising THC industry, many companies have done just that, leading to copyright and… Read More »
What To Know About The Florida Department Of Highway Safety And Motor Vehicles’ Put It Down: Focus On Driving Campaign
As part of Distracted Driving Awareness Month, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has announced its Put it Down: Focus on Driving, also known as “U Drive. U Text. U Pay. National Enforcement Mobilization”. The FLHSMV has partnered with law enforcement and other agencies to educate Floridians about the importance of… Read More »
Avoiding Ambiguity In Your Contracts And Agreements
If there is one mortal enemy to enforceable contracts, it’s ambiguity, or vague terms. The first thing that someone will try to do when they are sued for breaching a contract is to try to argue that a term or condition of the contract is unenforceable because it is vague. There are ways that… Read More »
Bridge Reopening In Delray Beach, Fla.
Nearly two months after the drawbridge at George Bush Boulevard in Delray Beach got stuck in the upright position, it finally was reopened on Friday, April 29, 2022. As the Sun Sentinel reports, the bridge remained in the upright position since March 3 when it opened for boat traffic and then became stuck. Engineers… Read More »
Dog Bite Accident Turns Criminal After Victim’s Arms Amputated
Dog bites are truly tragic events, both for the victims and for the dogs and their families. Unfortunately, dog bites are also one of the most common personal injury lawsuits. The question is, when does injury from a dog attack become more than a mistake? When does a dog attack become more than just… Read More »
Can You Be Sued For Discrimination On The Basis Of Sexual Orientation?
Most of us know that it is illegal to discriminate in the workplace based on gender, sex, race, religion, disability and a host of other factors. But what about gender identity, or sexuality? Can someone sue, saying they were fired, or that they weren’t hired, because they are LBGTQ? Harassment is Almost Always Illegal… Read More »
