Author Archives: Michael Pike and Daniel Lustig
What to Know About Foreign Limited Partnerships Disputes In Florida
No business owner wants to be involved in a legal dispute—especially against one of their own partners. If you own or operate a foreign limited partnership in Florida and you are dealing with a serious internal disagreement, it is imperative that you know how to protect your rights and interests. In this article, our… Read More »
Florida Civil RICO Lawsuit: Geico Seeking $6 Million In Damages For Alleged PIP Fraud
According to a report from Law.com, Geico is seeking $6 million in damages in a civil RICO lawsuit in Florida. The multi-billion dollar insurance company alleges that several defendants carried out a fraud scheme related to Personal Injury Protection (PIP) coverage. In this blog post, our Miami RICO claims lawyers offer a more comprehensive… Read More »
Federal Regulators Charge Florida Auto-Sales Telemarketers With Deceptive Marketing
On February 9th, 2022, the Federal Trade Commission (FTC) announced commercial fraud charges against a group of auto-sales telemarketing companies in Florida. The nation’s top business regulator alleges that consumers were bilked out of approximately $6 million due to deceptive marketing practices related to extended warranties. In this blog post, our West Palm Beach… Read More »
Shareholder Derivative Claims: What Is A Special Litigation Committee (SLC)?
There are two main types of shareholder lawsuits: Direct action and a derivative claim. The Cornell Legal Information Institute defines a shareholder derivative action as “lawsuit brought by a shareholder on behalf of a corporation.” A minority shareholder may pursue derivative litigation when they believe that the company itself has a valid claim, but… Read More »
How Do Business Competitors File A Claim Under The FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits companies from using misleading, abusive, and otherwise unlawful practices to sell products and services. The FDUTPA is well-known as an important consumer protection law. What is less known is that the state statute also provides legal remedies to competitors of businesses that have engaged… Read More »
What Are The Remedies For Breach Of A Partnership Agreement?
Partnerships are among the most common business entities in Florida. Whether you are part of a general partnership (GP), limited partnership (LP), limited liability partnership (LLP), or limited liability limited partnership (LLLP), you should have a professionally-written partnership agreement in place. Your partnership agreement is the basis of your rights and responsibilities. This raises… Read More »
Teva Pharmaceutical Industries Settles $420 Million Shareholder Lawsuit
A massive settlement has been reached in a major shareholder lawsuit over the pricing of generic drugs. According to reporting from Reuters, Teva Pharmaceutical Industries—the Israeli multinational pharmaceutical company—will pay approximately $420 million to resolve an outstanding claim by shareholders. The world’s second largest manufacturer of generic drugs, Teva Pharmaceutical Industries recently faced legal… Read More »
Fatal Bicycle Accident Reported In West Palm Beach
Tragic news was reported over the weekend involving a woman falling to her death in a drawbridge accident. Details are still murky, but WPBF News is reporting that an investigation is underway in West Palm Beach into how and why a woman fell to her death while crossing a drawbridge that went up while… Read More »
Another Win For Pike & Lustig: $23.8 Million Verdict Returned In Broward County For Construction Laborer
The case of Jovani Verduzco, a 22-year-old inexperienced construction laborer, whose legs were violently pinned between a front loader machine and bucket on a Davie construction site back in April 2016, was horrifying to all who witnessed the hour-plus rescue broadcast on live television. Mr. Verduzco was injured while attempting to operate a Bobcat… Read More »
If You’re Buying A Business, Don’t Forget About The Liabilities
When you buy a business, or are looking to buy a business, you probably give a lot of thought to the assets you are buying. Valuing the inventory, machinery, or accounts receivable of the purchased business are all common considerations. But what about liabilities? Many people buy businesses and give little thought about whether… Read More »
Pike & Lustig Attorneys Delivered $80 Million Verdict
Pike & Lustig attorneys Daniel Lustig and Robert C. “Burr” Johnson have just been delivered one of the largest verdicts in Palm Beach County history – $80 million. They represented the parents of a Lake Worth teenager killed by a truck while walking to school bus stop. The lawsuit was against the driver of… Read More »
It Just Got Easier To Have A Home Based Business
It used to be that if you wanted to run a business from your home, you had to worry about a number of laws, from permitting laws to zoning regulations, all which would have made your home based business illegal. But a new law in Florida is now going to make opening and operating… Read More »
The Differences Between A Loan And An Investment
You have a business project that will need funding. You go to a friend or a business associate, and they agree to help you with the project. Fast forward a few years later—the project was not as successful as planned. Your friend wants their money back, but you didn’t recall them ever loaning you… Read More »
Considerations To Include In Your Corporate Documents
Your corporate bylaws, operating agreements, or partnership agreements are the backbone of your business. They will tell you how various disputes will be handled. But often, people don’t look ahead to address things that could come up in the future. Of course, nobody has a crystal ball, and it’s impossible to account for every… Read More »
Drafting An Enforceable Arbitration Agreement
Whether it is a good idea or not to include an arbitration clause in your business contracts is an individual decision. You, along with your business law attorney, should consider your business, and weigh it against the pros and cons of arbitration, before making that decision. But once you’ve made the decision to require… Read More »
Will Your Case Get To Trial? Not If Summary Judgment Is Entered
When you file a business law case, you know you always have the option to settle the case. But if you don’t want to settle, your case will go to trial, where your case will be heard and decided by a judge or a jury. That is completely up to you, if you want… Read More »
Chewy.com Lawsuit Brings Up Unfair Competition Issues
In yet another example of how not to do business fairly and competitively, it seems that two online animal prescription companies are facing off in court over allegations of unfair competition. Once again, the lawsuit is a good example of the fine line between what can be fair and unfair competition. Two Veterinary Prescription… Read More »
Civil RICO Claims: How Are Treble Damages Calculated?
The federal Racketeer Influenced and Corrupt Organizations (RICO) Act and the Florida Racketeer Influenced and Corrupt Organizations (RICO) Act are laws that bar racketeering activity. While you often hear both statutes associated with criminal matters, both the federal RICO Act and the Florida RICO Act allow for the filing of civil lawsuits to seek… Read More »
Shareholder Dispute: Appraisal Actions
By definition, minority shareholders are in a less advantageous position than those with majority control. Unfortunately, minority stakeholders in a business are sometimes mistreated. Majority shareholders, corporate officers, and corporate directors may even abuse their position of power. Appraisal rights are among the most important tools that minority shareholders can utilize to ensure that… Read More »
Can I Sue A Business Partner For Breach Of Contract In Florida?
Contracts are at the basis of most important commercial relationships. Parties are expected to live up to their promises. A breach of contract can cause serious financial harm to you and your business. It can be especially frustrating (and damaging) if that breach of contract comes from one of your own business partners. This… Read More »
