Author Archives: Michael Pike and Daniel Lustig
What Florida Business Owners Need To Know
It’s no secret that Florida’s population is rapidly expanding. Palm Beach County has seen a surge in migration, especially during the pandemic, from residents in the Northeast, Midwest and even California. And with all the new residents comes many business owners looking to move their businesses to South Florida. However, it also brings many budding… Read More »
Is Criminal Intent Required To Prove A Civil Violation?
Racketeering is a type of organized crime that involves fraudulent and dishonest business dealings. There are federal and state RICO laws in place under which perpetrators can be held criminally and civilly liable for a RICO violation. This raises an important question: Do you have to prove criminal intent to bring a civil RICO… Read More »
Be Careful On The Roads This Holiday Season
Holidays are traditionally a time of travel for families across the United States, which unfortunately makes the period from Thanksgiving until the end of the year one of the most dangerous times to be on the road. Roads may seem especially busy this year as AAA predicts 53.4 million people will travel for the… Read More »
Are There Times When Attorney Client Privilege Can Be Waived?
Anything you tell your attorney is private and confidential. This is a maxim of our American legal system, and a vow that your attorneys are sworn to uphold. But is attorney client privilege always present? Actually, there are times when it can be waived—sometimes purposefully, but also sometimes accidentally, when attorneys and clients aren’t… Read More »
Is It Legal To Record, Monitor, Or Videotape Employees At Work?
As an employer, you probably want to know that your employees are doing their jobs when they are on work time—that is, when you are paying them. Of course, it is also impossible for you to do your job, while also keeping your head over every single employee’s shoulder. Computer Keystroke Monitoring That’s why… Read More »
False Food Claim Class Action Lawsuits Are On The Rise
We all hear about lawsuits that may have dubious merit. As a business owner, you may have concern over being sued over a claim that ends up being false, or over a statement that you make in an advertisement that is refuted. Although these kinds of lawsuits are rare—and highly defensible—that doesn’t stop lawsuits… Read More »
Zillow Shareholders File A Lawsuit After Company’s Home “Flipping” Strategy Goes Wrong
According to a report from The Seattle Times, a group advocating on behalf of Zillow shareholders is filing a lawsuit against the corporation after its “flipping” strategy caused significant losses. The shareholders allege that Zillow’s corporate leadership made material misrepresentations to investors. The lawsuit comes after news that Zillow has made the decision to… Read More »
Five Steps To Take To Avoid Disputes When Dissolving A Partnership In Florida
Winding down a partnership business is complicated enough—the last thing you need to deal with a dispute. By taking the right steps, you can dramatically reduce the risk of a legal dispute over a partnership dissolution. Here, our West Palm Beach partnership dispute lawyer highlights five steps to take when winding down a general… Read More »
Deceptive And Unfair Trade Practices In Florida: Misleading Sales Pitches
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law designed to protect consumers and businesses from improper conduct. There are a number of different practices that are considered “deceptive” and/or “unfair” under the law. A misleading sales pitch could constitute an FDUTPA violation. In this blog post, our Miami deceptive… Read More »
What Are The Damages When A Contract Is Breached?
When we talk about contracts we usually talk about how they are formed and how to best draft them to protect our interests. But what about remedies? In other words—what can you get as damages in a breach of contract case? There are a lot of different kinds of contractual damages, but not every… Read More »
What You Need To Know About Dog Bites
Dog bites are one of the most common personal injury claims. If you are bit by a dog, it’s up to you to decide whether to press charges. Please consider the situation carefully before filing. Florida’s statute of limitations on personal injury cases (Florida Statutes section 95.11) gives you four years from the day… Read More »
How Is A Business Valued?
There are a number of reasons why you may need to get the value of your business. The most obvious is where you are looking to sell your business or buy someone else’s. Legal business separation, shareholder buyouts, or personal events like a divorce may require that a business be valued. Valuing or Appraising… Read More »
The Basics Of Florida Partnerships
You will often hear people who go into business together say that they are forming a “partnership.” This word has come to mean anybody that wants to do business together, but in reality it has a specific legal meaning. A partnership is a legal entity with its own set of rules under Florida business… Read More »
On The Eve Of Fraud Trial, Judge Dismisses Civil RICO Claim Against Alex Rodriguez
MLB all-star has been locked in a long, complex business fraud dispute with his former brother-in-law Constantine Scurtis. The conflict stems over the breakdown of their real estate partnership. Mr. Rodriguez had been facing a civil RICO claim. However, on the eve of the trial, that claim has been tossed out by the judge…. Read More »
Boeing Board Of Directors Will Pay $237.5 Million To Settle Shareholder Dispute
According to a report from the Seattle Times, a group of current and former directors at Boeing have preliminarily agreed to pay $237.5 million to settle a shareholder dispute. The proposed shareholder agreement, which was filed in the Delaware Chancery Court last week, is related to the board’s alleged oversight regarding safety issues related… Read More »
Starting A Partnership In Florida? A Checklist To Help You Avoid Disputes
Are you preparing to start a business partnership in Florida? If so, there are important steps that you need to take to protect your legal rights and financial interests. No one wants to end up locked in a dispute with a business partner. By putting the right structure in place, you can significantly reduce… Read More »
What Happens If You Still Run A Company After It’s Dissolved?
Whether you are voluntarily ending your business, or whether you’re concerned it could happen to you without you wanting it to happen, companies do dissolve. But how do companies dissolve—and what happens if, after your company dissolves, you keep running the business? How Companies Dissolve There are three main ways that a company can… Read More »
BFOQs: When Discrimination Isn’t Discrimination
We all know by now that discrimination in the workplace is illegal. However, there are times when you actually can, legally discriminate. This is when the basis for discrimination, is because of what is known as a bona fide occupational qualification (BFOQ). What is a BFOQ? In plain terms, a BFOQ is where someone… Read More »
Uber Gets Hit With Disparate Impact Discrimination Lawsuit
Most of the time, businesses have no intention of discriminating against employees, or against the general public. But what a lot of businesses don’t realize is that they often can implement policies and procedures that have the effect of discriminating—even if the policy itself says nothing about any particular race, class, or gender. Government… Read More »
What Evidence Can You Use To Prove An FDUTPA Violation?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law modeled after the federal Federal Trade Commission Act (FTC Act) that protects consumers and businesses against unjust commercial practices. The statute contains a private right of action—meaning you can hold a defendant liable for damages caused by an FDUTPA violation. Here,… Read More »