Author Archives: Michael Pike and Daniel Lustig
April Is National Alcohol Awareness Month
Car accidents are one of the most common personal injury law cases. Whether it be a simple rear-ender or something much more serious, injuries can be sustained in any automobile accident ranging from minor to major. Unfortunately, in the state of Florida, 26% of fatal car accidents are caused by drunk driving. Therefore, it’s… Read More »
April Is Distracted Driving Awareness Month
New NSC estimates show that roads today are the most dangerous they’ve been in years. On a typical day, eight people are killed and hundreds more are injured in distraction-affected crashes. Because April is Distracted Driving Awareness Month, let’s go over what distracted driving is and how to prevent it. What Is Distracted Driving? According… Read More »
Do You Need A Time Is Of The Essence Clause In Your Business Contracts?
You hear it all the time in contracts: Time is of the Essence. But what does that actually mean, and is it really necessary to include in your business contracts? Why Are They Necessary? In many kinds of contracts, parties must perform their contractual obligations within a reasonable period of time if there are… Read More »
Avoiding Deceptive Trade Practices Lawsuits
Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful tool for consumers to protect themselves from unscrupulous business practices. But from a business standpoint, the law can seem overbroad, all-encompassing, and impossible to avoid running afoul of. If you are a business, how do you protect yourself from being sued under the… Read More »
Should You Use Or Sign A Non-Disparagement Clause?
When you settle a case, it’s expected that you will sign a settlement agreement. That settlement agreement will likely contain a confidentiality clause. What you may not expect to be in that agreement, but what may be there, is a non-disparagement clause. What is a Non-Disparagement Clause? A non-disparagement clause is a clause that… Read More »
Florida Appeals Court Overturns Awards Of Attorneys’ Fees In FDUTPA
On March 22, 2022, the Florida Fourth District Court of Appeal overturned a trial court decision that had awarded attorneys’ fees to a defendant in an FDUTPA claim. In the case of Forte v. All County Towing Inc., the appeals court sent the matter back down to the trial court for a comprehensive evidentiary… Read More »
Major BioTech Company Faces Lawsuit For Alleged Civil RICO Violations
On April 4th, 2022, a health insurance company in New Jersey filed a civil RICO lawsuit against Regeneron Pharmaceuticals, a biotechnology company based in New York State (Horizon Healthcare Services, Inc .D/B/A Horizon Blue Cross Blue Shield of New Jersey v. Regeneron Pharmaceuticals, Inc.) The lawsuit alleges a corruption scheme related to Eylea macular… Read More »
Twitter Shareholder Files Lawsuit Against Elon Musk
In early April, Tesla and SpaceX CEO Elon Musk announced that they obtained a 9.2 percent stake in Twitter, making him the social media giant’s single largest shareholder. Since that time, there has been some major conflict between Mr. Musk and Twitter’s Board of Directors. Mr. Musk is now reportedly amassing an offer to… Read More »
Is Your Business Violating Copyright Laws On YouTube?
Does your business rely on YouTube? You can’t sell anything directly on YouTube, but for many businesses, YouTube drives sales, promotions, and is the lifeblood of communication between the business and the general public. If you are on YouTube, you need to be aware of potential intellectual property (IP) problems that go along with… Read More »
What Are Common Causes Of Partnership Disputes?
So you want to enter into a partnership with someone else, and start your business idea. This could be a good idea—however, unfortunately, many partnerships end up in partnership disputes. What are the most common causes of disputes when people decide to form a partnership? Not Having a Partnership Agreement – Partnership agreements set… Read More »
HIV Discrimination In The Workplace
With the advent of new medicines and treatments, thankfully, HIV and AIDS is now treatable, allowing patients to live long, complete lives. However, that should not take away from the fact that HIV is still a recognized legal disability, and as such, employers need to be careful not to discriminate in the workplace against… Read More »
Civil RICO: What Is A Predicate Act?
The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is most well known as the law that helped to take down the mafia and other criminal enterprises. Federal and state RICO laws also have a civil portion. A private party plaintiff can file a civil RICO lawsuit to hold a defendant financially responsible for… Read More »
DOJ Obtains Restraining Order In Florida Fraud Scheme Targeted At Senior Citizens
On April 6th, 2022, the Department of Justice (DOJ) announced that the United States for the Southern District of Florida obtained a restraining order against Windows Service Center LLC and its owner Erica Herson. Winder Service Center LLC is a tech support company with main headquarters in Miami, Florida. The DOJ contends that this… Read More »
Four Things To Do Before Business Partnership Mediation
Partnership disputes are often well-suited for business mediation. Under Florida Statutes § 44.1011, mediation is defined broadly as a “process whereby a neutral third person” works with the parties in order to “encourage and facilitate the resolution of a dispute.” When successful, mediation can save time, money, and help to maintain working relationships. If… Read More »
FAQs About Your Business And Social Media
Today, it is likely that your business has a social media presence, or that you, personally, have a social media site or page. Many people post on social media to promote their business, which is a good idea. However, many people are also unaware of the social media ramifications of some of the things… Read More »
Don’t Say Free Unless It’s Actually Free
Everybody loves to get something for free. So in your marketing, why not give something away for free, and market it? That’s not a bad idea—so long as you are actually giving something away for free. Otherwise, as software tax provider Intuit (TurboTax) is now learning, the government could start to come after you…. Read More »
Legal Issues In Equipment Leasing
A lot of small businesses have expensive needs when it comes to equipment. Your business may not be able to immediately afford the equipment that you need. When that happens, equipment leasing may be the answer. Leasing can be a great option so long as you understand the legal issues that surround the lease…. Read More »
Four Key Elements Of A Shareholder Lawsuit In Florida
A minority shareholder is a somewhat vulnerable position. By definition, they have limited ability to exercise control over the company—which means they must rely on corporate officers and corporate directors to protect the value of their investment. Under Florida law, shareholders have rights. They may even be able to file a claim against a… Read More »
Four Reasons To Hire A Lawyer To Help With A Partnership Dispute In Florida
Partnership disputes are among the most challenging types of business conflicts to navigate. Not only do these disputes have the potential to cause harm to the business, it can be hard on a personal level to prepare for a legal battle with a long-term business partner. Professional legal counsel can make a big difference…. Read More »
Fraud Warning: Floridians Are Being Targeted By “Wrong Number” Text Scam
On March 28th, 2022, the Florida Office of the Attorney General published an official press release warning state residents to beware of so-called “wrong number” text scams. State regulators recently received evidence suggesting that scammers are actively targeting Floridians. In this blog post, our Miami deceptive and unfair trade practices lawyers discuss the warning… Read More »
