Author Archives: Michael Pike and Daniel Lustig
Google Accused Of Taking Advantage Of Attorney Client Privilege
Most business owners know about attorney client privilege, and about how communications to your business or other type of attorney can never be revealed. But some businesses don’t understand the limitation of the privilege, and Google is now in trouble for allegedly trying to take advantage of it. Limitations to the Privilege Communication between… Read More »
Court Says Restaurant Doesn’t Have To pay Mandatory “Service Fees” To Workers
If you own a business, and your employees are paid with tips, it’s important to know what is and what is not a tip. Under the Fair Labor Standards Act (FLSA) the distinction can be the difference between paying your employees correctly, or owing money to your employees for unpaid wages. Restaurant Says Service… Read More »
What Is The Right Of Publicity In Your Likeness?
You may not know it, but you have a right to your own image, likeness, and name. That may not mean much to you, if you’re not famous—after all, who would pretend to be you, or use your image without your permission? But this right to publicity actually is important for business owners and… Read More »
Defining An “Enterprise” Under Florida’s Civil RICO Statute
Under Florida’s state civil RICO statute, a plaintiff can hold a defendant legally liable for damages caused by racketeering activity. RICO lawsuits are among the most complex types of civil legal claims. There are a number or specific elements that must be satisfied in order to establish civil RICO liability. Among other things, a… Read More »
Shareholder Rights In Florida: What Is A Voting Agreement?
A shareholder agreement controls a relationship between a corporation and its shareholders. It outlines the rights and responsibilities of shareholders. There are actually two different types of shareholder agreements in Florida: Standard Shareholder Agreement, which deals with operations; and Voting Agreement, which deals with control of the company. If you are a shareholder who… Read More »
How To Resolve A Dispute Over Partnership Dissolution In Florida
Under Florida’s partnership laws, there are specific rules and procedures that must be followed when ending a business, including a general partnership (GP), limited partnership (LP), and limited liability partnership (LLP). Partnership dissolution can be a complicated process. It is actually one of the highest-risk times for a dispute. In this article, you will… Read More »
Pass Through Business Taxation: What Is It And Why Should You Care?
Pass through taxation is a word that is referenced often when people are deciding what kind of business entity they should form. Although taxation is a big issue in business formation that can affect you and your bottom line for many years, many people give little or no thought to this term. What is… Read More »
What Is The “Family Member” Evidentiary Presumption?
Nobody relishes the idea of suing family members. But families aren’t perfect, and they often are involved in business transitions or contracts with each other, and sometimes, family relations get hostile. If you are in the unfortunate situation of having to sue a family member, or you are being sued by a family member,… Read More »
Tips For A Safe Spring Break In South Florida
Spring Break season is in its peak and there’s no question that South Florida remains one of the top destinations for celebrating time off school by partying on the beach. After a two-year hiatus, Spring Break 2022 is even bigger than before, with the pent-up need to party bringing crowds not seen since the… Read More »
March Is Florida Bike Safety Month
Although National Bike Month is in May, Governor Ron DeSantis made the official proclamation that March is Bike Safety Month in Florida. Though bicyclists and pedestrians represent just 2 percent of commuters in Palm Beach County, they made up a whopping 30 percent of all transportation-related fatalities on county roadways from 2018-2020, according to… Read More »
Understanding The Different Kinds Of Intellectual Property
When people talk about intellectual property (IP), they usually talk about copyrights, trademarks and patents, without knowing exactly what the difference between them actually are. Your business may actually have interests in all three, or need to protect all three, so it’s a good idea to understand the differences between them. IP and Your… Read More »
FTC: Central Florida Company Deceived Consumers With Credit Card Interest Rate Scam
On February 28th, 2022, the Federal Trade Commission (FTC) announced official enforcement against a Central Florida company and its owners and operators. According to the FTC, the company unlawfully targeted and deceived people looking to reduce the interest rate on their credit cards. In this blog post, our West Palm Beach deceptive & unfair… Read More »
Three Reasons Why Your Business Partner May Have Breached Their Fiduciary Duty
A fiduciary duty is the highest standard of care in the American legal system. Described simply, a fiduciary duty requires a person or entity to act in the best interests of another party. Under Florida law (Florida Statutes § 620.8404), business partners have limited fiduciary duties. Specifically, you and your business partner owe each… Read More »
Shareholder Litigation: Rivian Accused Of Misleading Investors About Vehicle Prices
According to a report from Reuters, Rivian Automotive Inc—an electric vehicle manufacturer based in Irvine, California—is facing a shareholder lawsuit for allegedly misleading investors about the pricing of its vehicles. The shareholder is seeking class action certification for the lawsuit. In this blog post, our West Palm Beach shareholder disputes attorneys explain some of… Read More »
Business And Consumer Protection: Why The FDUTPA Is So Important
Whether you are an individual consumer or you own and operate a business, you are entitled to fair treatment from other companies in the market. Our state has strong business and consumer protection laws in place. Most notably, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows businesses and consumers to hold companies… Read More »
Federal Civil RICO Litigation: Court Rules Thwarted Beneficiary Not Eligible To Pursue Civil RICO Claim
Recently, the United States Court of Appeals for the First Circuit ruled against a plaintiff in a civil RICO lawsuit. In the case of Lerner v. Colman, et al, the federal court determined that the plaintiff—a beneficiary who suffered damage because of alleged racketeering activity involving her uncle’s estate—cannot move forward with a civil… Read More »
An Accounting Can Be One Of The Most Effective, Efficient Methods To Resolve Partnership Litigation
Disagreements between business partners are virtually inevitable. Even if you are largely on the same page, there may come a time in which you and your business partner have different visions for the future or different solutions for a problem. When a disagreement between business partners grows into a dispute, it is crucial that… Read More »
Does My Homeowners Insurance Cover Personal Injury Claims On My Property?
Typical homeowners’ insurance policies do include personal liability coverage. This component of your policy coverage may help prevent you from paying out of pocket should the unexpected occur on your property. Should someone slip and fall on your property or experience any other type of common personal injury, you could be held responsible for… Read More »
Don’t Forget These Policies And Procedures
We have often written in the past about the kinds of corporate documents, and specifically policies and procedures that you need for your business. But a comprehensive list of every kind of policy and procedure that your business should have would be impossible to put together. Firstly, much depends on your specific business and… Read More »
Don’t Mess With Trains
It’s been all over the news: train vs. car accidents. And guess what? The car never wins. Brightline, the high-speed trains that zip between Miami, Ft. Lauderdale and West Palm Beach, spent millions to upgrade its safety systems and launch a public awareness campaign. But these accidents keep happening. Not just car accidents, but people… Read More »