Author Archives: Michael Pike and Daniel Lustig
Partnership Disputes: Debts And Other Financial Obligations
You put a lot of trust and faith in the hands of your business partner. When a partnership runs into some financial troubles, it is crucial that your best interests are properly protected. You may be wondering: Can I be held liable for the debt of a business partnership? The answer depends on several… Read More »
Florida Court: FDUTPA Allows Class Action Certification For Concealment Claims
On December 6th, 2021, the United States District Court for the Southern District of Florida issued a decision in the case of Cardenas v. Toyota Motor Corp. The court determined that class action certification was appropriate in a concealment case filed under the FDUTPA. Notably, a related civil RICO claim was not approved for… Read More »
Civil RICO Litigation: Multi-County Federal Lawsuit Filed Against Major Consulting Firm In Opioid Case
According to a report from The Greeneville Sun, a multi-county federal civil RICO lawsuit has been filed against McKinsey & Company, the international management consulting firm. The allegations raised in the lawsuit contend that the guidance McKinsey provided to Purdue Pharma L.P. helped to fuel the American opioid crisis. In this article, our Miami… Read More »
The 4 Most Common Injuries On New Year’s Eve And How To Prevent Them
It’s almost time to say goodbye to 2021 and hello to 2022. I think it goes without saying that we’re all hoping next year has good news in store for us. But pandemic aside, there are many more misfortunes that can come your way. And how awful would it be if that is how… Read More »
Make Sure Your Dog Is Ready For This Holiday Season
It may sound silly, but dog bites are one of the most common personal injury claims. Therefore, if you are a dog owner that plans to attend festive outdoor events with your furry best friend this season, you need to make sure they are well behaved, or you could be in for a world… Read More »
Why Are So Many Shareholder Lawsuits Filed In Delaware?
No state is more associated with corporations and corporate law than Delaware. According to data from the Delaware Division of Corporations, approximately two-thirds of all Fortune 500 companies in the United States are incorporated in Delaware. For this reason, a significant percentage of major shareholder lawsuits are filed in Delaware. Here, our Miami shareholder… Read More »
Defendant Prevails In $50 Billion Bitcoin-Related Partnership Dispute In Miami
According to a report from NBC 6 South Florida, a defendant has prevailed in a $50 billion partnership dispute. At stake in the trial was the ownership of approximately 1.1 million bitcoins. A South Florida jury determined that Craig Wright, a computer scientist who has claimed to be the creator of the cryptocurrency, does… Read More »
Jury Awards Family $301 Billion In Trial Against Texas Bar
In what appears to be more about making a point than actual money, WPTV reported that a jury in Texas has awarded a family of drunk driving victims $301 billion after a man was overserved at a bar in Corpus Christi back in 2017. He ended up killing a 59-year-old woman and her 16-year-old… Read More »
Tax Concerns When Choosing A Business Entity
When it comes to starting a business, there are a lot of different considerations, and many of the choices you will make are based on your preference—for example, based on how you want to manage your company, or how much involvement you want from shareholders, members, or partners. But many people form businesses and… Read More »
Piercing The Corporate Veil…Accidentally…
One of the great things about having a company or business is the protection from legal claims that you get. When the company gets sued, it is the company that gets sued, and the company that potentially owes a judgment—not you, individually. There are some exceptions to this corporate shield, where you could personally… Read More »
When Is Someone A Third Party Beneficiary?
In a typical contract, there are parties to the contract. The parties are the people or entities that sign or agree to the contract, and who generally get something from the contract. When the contract is breached or goes unfulfilled, either party can then sue to enforce the terms of the contract. But there… Read More »
When Can A Lawyer Ask A Juror Questions In Trial?
You don’t always get a right to a jury in every case, especially in business cases where contracts can often limit our right to a jury. In some cases, such as with arbitration, you may not even get to be before a judge or even in a courthouse. But when we do get before… Read More »
Are You A Pawnbroker? You Could Be
Your business may not be a pawnbroker or a pawn shop and you may not be involved in pawning items at all. Or so you think. What you don’t know is that if your business is involved in buying any kind of used property or reselling it there’s a chance that the government could… Read More »
What To Know Before Hiring Someone To Put Up Your Christmas Lights
There’s no better way to show off your Christmas spirit than by decorating your home with a festive display of holiday lights. However, we all know that the task can be a bit daunting, and even a bit dangerous. Therefore, you might be considering a professional service this year. However, there are a few… Read More »
Should You Worry About Tortious Interference With Contract?
Lets say that you own an air conditioning repair company. Your competitor has a large account with the local apartment complex—a lucrative account, and you want that account. So, you go to the apartment complex yourself and you pitch your business. You sit down with the property owner. You then find out your buddy… Read More »
Florida Regulators Offer Tips To Help Consumers Avoid Online Fraud During The Holidays
As the holiday season approaches, retail sales increase—including on the internet. Cyber Monday is consistently the top online shopping day for the entire year, with total sales nationwide surpassing $10 billion. Of course, e-commerce is big throughout the entire month of December. Florida officials want to make sure consumers are protected. On November 26th,… Read More »
What Standard Of Proof Applies To Civil RICO Lawsuits?
The federal Racketeer Influenced and Corrupt Organizations (RICO) Act was signed into law in 1970. The primary purpose of RICO is to give the government the authority to hold parties accountable for racketeering activity performed as part of an ongoing criminal enterprise. A person arrested on a criminal RICO charge is innocent until proven… Read More »
Social Media Company Pinterest Settles Shareholder Lawsuit Over Workplace Culture
According to a report from NBC News, the social media company Pinterest has settled a shareholder lawsuit related to allegations over its “toxic” workplace culture. The lawsuit was initially filed by the Employees’ Retirement System of Rhode Island. The specific details of the settlement were not disclosed to the public. In this blog post,… Read More »
American Airlines And JetBlue Seek Dismissal Of Antitrust Lawsuit Filed Over Business Partnership
According to a report from CNBC, American Airlines and JetBlue are seeking a dismissal of an antitrust lawsuit designed to block a recently approved business partnership between the two companies. The Department of Justice (DOJ) and six U.S. states recently filed a lawsuit against the airlines’ “Northeast Partnership” on the grounds that the deal… Read More »
Eleventh Circuit Court Of Appeals Dismissed FDUTPA Claim, Clarifies Federal Preemption
On November 8th, 2021, the United States Court of Appeals for the Eleventh Circuit dismissed a Florida Deceptive and Unfair Trade Practice Act (FDUTPA) claim filed against Bermuda based rum and gin maker Bacardi. In doing so, the federal appeals courts clarified the preemption standard for deceptive and unfair trade practices cases. Here, our… Read More »