Author Archives: Michael Pike and Daniel Lustig
Halloween Safety Tips For Trick-Or-Treaters
This year on October 31st millions of children all over the United States – many of whom may not have been able to last year – will finally celebrate Halloween by walking door to door while trick-or-treating. Although a cherished tradition, the increased amount of pedestrian children on the road means higher risk of… Read More »
Defending Civil RICO Claims: What Is A Civil Investigative Demand (CID)?
The Racketeer Influenced and Corrupt Organizations (RICO) Act allows for both criminal and civil claims. In a criminal RICO case, the state or federal government is in charge of pursuing the claim. In a civil RICO case, the government may or may not be involved in the matter. A private party has the right… Read More »
An Overview Of The Corporate Records Shareholders Have A Right To Demand In Florida
Are you the shareholder of a Florida corporation? If so, you have important legal rights under state law. Some of the most essential shareholder rights in Florida are found under Florida Statutes § 607.1602. This section of state law allows shareholders to “inspect and copy” certain types of corporate records. Here, our Miami shareholder… Read More »
Partnership Income And IRS Tax Disputes: An Overview
Are you a member of a business partnership in Florida? If so, it is crucial that you understand your tax obligations. A significant number of IRS tax disputes are centered on business partnerships. In this blog post, our West Palm Beach partnership dispute lawyers provide an overview of the most important things that business… Read More »
Can You Get Unemployment If You’re Fired For Not Getting A COVID Vaccine?
As a general rule, when you are fired or laid off, you can collect unemployment benefits. However, one (exception) to collecting benefits is that you can’t have voluntarily resigned or been fired for cause. That is, the end of your employment can’t be because of something you did or didn’t do voluntarily (like just… Read More »
Make Sure The Instructions On Your Products Tell The Whole Story
Let’s say that your business sells a product. You get the product from overseas, or from a separate manufacturer. The product is generally safe, but if used improperly, could cause harm. Or, it’s a product that is meant to protect from harm, like a pool gate, or protective eyewear. So long as the end… Read More »
Understanding The Role Of The Judge And Jury In Business Law Cases
If your business law case goes to trial, the judge will determine who is right, and make a decision. Or will the jury do that? Wait-why is there a judge and a jury, and what decisions do each of them make? It sounds like their jobs may overlap, but in fact, they have distinct… Read More »
A Reminder To Share The Road As ‘Snowbird Season’ Begins In South Florida
With the arrival of October in Florida comes shorter days, cooler weather, and the beginning of snowbird season. While some northerners don’t come down to Southern Florida until after the holidays, many make the trek as soon as Autumn sets in. And more people also means more vehicles on the road. The Florida Department… Read More »
Do ‘Wet Floor’ Signs Protect Businesses From Slip-And-Fall Injuries?
The short answer to this question is ‘not entirely.’ When a business posts a wet floor sign and a customer slips and falls, the sign is just one of the many factual circumstances that will make up the case. Liability claims are often much more complicated than they may initially appear. The outcome will… Read More »
Florida Senator Marco Rubio Pushing Bill To Give Shareholders Additional Authority To Challenge So-Called “Woke” Corporations
According to a report from Florida Daily, Florida Senator Marco Rubio recently introduced legislation called the “Mind Your Own Business Act” that proposed new legal tools to shareholders who want to challenge so-called “woke” corporations. In this blog post, our West Palm Beach shareholder dispute lawyers discuss the proposed legislation from Senator Marco Rubio…. Read More »
Federal Judge In Florida Rules For Herbalife In Civil RICO Lawsuit
According to a report from the Winston-Salem Journal, a Florida federal judge has ruled in favor of Herbalife in a civil RICO lawsuit. The dieting and nutrition company, which is based in Los Angeles and employs nearly 10,000 people worldwide, has been fighting a civil RICO claim for nearly four years. While Judge Marcia… Read More »
FDUTPA Claims: What Is A “Private Right of Action?”
In Florida, businesses and other commercial organizations have a legal responsibility to treat consumers in a fair and good faith manner. If they fail to do so, they could be held liable for consumer damages under the state’s Deceptive and Unfair Trade Practices Act (FDUTPA). Notably, the FDUTPA contains a “private right of action”—meaning… Read More »
Legal Issues Surrounding Drone Operation And Use
Drones are used both for business, and for recreation. The usefulness of a drone is almost universally accepted, and in many businesses, reliance on drones has become common practice. But there are a number of legal issues surrounding drones, and you should be aware of potential legal pitfalls, so that you don’t run into… Read More »
Considerations In Settlement Agreements
So it looks like you are about to settle that business lawsuit that has cost you time and money litigating in court. Congratulations; settling can often be a smarter, wiser (and cheaper) choice than going to trial. But before you settle, you need to sign a settlement agreement. What should you look out for… Read More »
Apple Learns Lesson In Magnuson-Moss Warranty Law…And You Can Too
If your company offers a warranty, that’s fine. In fact, it can be good business to offer a warranty. But like the old adage about having your cake and eating it too says, you can’t offer a warranty, allow customers to rely on it, and then not offer what you’re promising. At least, that’s… Read More »
Who Can Be Named As A Defendant In A Civil RICO Lawsuit?
Through a civil RICO claim, a plaintiff can take action to hold individuals, businesses, and other entities legally liable for damages caused by racketeering activity. Federal and state civil RICO laws offer a powerful remedy—a plaintiff can claim treble damages (three times their actual losses) through a successful lawsuit. However, civil RICO claims are… Read More »
FDUTPA Watch: Florida Court Allows Competitor To Recover For Lost Profits In Deceptive And Unfair Practices Claims
A recent ruling in a key FDUTPA case in South Florida has expanded this ability of corporate competitor plaintiffs to recover financial compensation for their damages. In the case of Tymar Distribution LLC v. Mitchell Group USA, LLC the court determined that corporate-competitor plaintiffs have the right to seek compensation for “lost profits” under… Read More »
Partnership Disputes: Who Owns Intellectual Property After The Business Dissolves?
A partnership can be an effective and successful way to run a business in Florida. Of course, businesses do not always last forever. There may be a time when you and your business partners move to dissolve the partnership and move on to other opportunities. Partnership dissolution is complicated. It can raise a lot… Read More »
What Is Accord And Satisfaction?
Let’s say that someone owes you money. They agree to that. What they don’t agree to, is how much they owe. They send to you the part of the debt that they feel is legitimate and owed. You, of course, take what they have offered, and you prepare to file a lawsuit to collect… Read More »
Marvel Lawsuit Highlights The Work For Hire Doctrine
When you create a work when you are employed, the work you create is generally called a work for hire. This means that although you created a potentially copyrighted work, it isn’t really yours—it belongs to your employer, as creating it was part of your job duties. Comic Book Creators and Copyright Disputes Nowhere… Read More »
