Author Archives: Michael Pike and Daniel Lustig
Back To School: Time To Review Street Safety With Your Kids
Unfortunately, South Florida, is considered the 14th most dangerous place in the country for auto-pedestrian accidents, according to a study conducted by the nonprofit organization Smart Growth America that analyzed those types of crashes from 2008 to 2017. During those years, data shows that drivers struck and killed 49,340 people who were walking on streets all… Read More »
The Benefits Of A Private Trial
When we think of alternate dispute resolution (ADR), we often think of mediation and arbitration. Each has positives and negatives, but there’s one kind of ADR that is often overlooked, even though it is specifically provided for in Florida law: the private trial. What is a Private Trial? It is a little misleading to… Read More »
Federal Appeals Court: Civil RICO Lawsuit Against Union Preempted By LMRA
According to a report from Reuters, the Ninth Circuit Court of Appeals is sending a civil RICO lawsuit against the International Longshore and Warehouse Union to arbitration. In a 2 to 1 decision, the majority ruled that the civil RICO lawsuit filed by the Columbia Export Terminal LLC is preempted under the Labor Management… Read More »
Shareholder Disputes: What Is An Activist Shareholder?
A minority shareholder must put a significant amount of trust in the hands of a corporation’s officers and directors. Most shareholders are relatively “passive”—they rely on the company’s decision-makers to protect the best interests of the business. An “activist shareholder” is an exception. In this article, our West Palm Beach shareholder dispute lawyers highlight… Read More »
Teaming Agreements: Disputes
Two or more businesses may join together in a temporary or ongoing partnership in an effort to achieve a common purpose. A teaming agreement is a contract that multiple parties enter in order to submit a joint bid on a contract. Of course, as with any type of contract, disagreements or disputes can arise…. Read More »
Substantial Performance: When Good Enough, Is Good Enough
When you sign a contract, it is your obligation to live up to every detail in that contract, in full, completely. Of course, that makes sense, and is generally a true statement. But there is one exception in Florida law, called substantial performance. Good Enough There are times when a party completes the obligations… Read More »
Is Your Business Making These Intellectual Property Mistakes?
You are a small business, Your business has nothing to do with intellectual property (IP) at least, not directly. So you may not give a lot of thought about how to protect your intellectual property, or mistakes you might be making with your IP. Businesses often make mistakes with IP, which can end up… Read More »
Shareholder Lawsuits In Florida: What Is The Business Judgment Rule?
Minority shareholders put an enormous amount of trust in the hands of corporate officers and corporate directors. When the people running a corporation abuse their power, it can cause serious damage to the shareholders. In certain circumstances, shareholders can file a lawsuit to seek compensation for their losses. That being said, there are limits… Read More »
Federal Court In Florida Denies Class Certification In FDUTPA Ticket Refund Case
Under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), consumers and businesses have the ability to hold defendants liable for damages caused by unjust commercial practices. Many FDUTPA claims are class action lawsuits—where the plaintiffs assert that a business or organization caused damage to many parties due to their deceptive or otherwise unfair… Read More »
Filing A Civil RICO Lawsuit: Know The Prima Facie Requirements
Are you considering filing a civil RICO lawsuit in Florida? If so, you will likely need to survive a motion to dismiss. A significant percentage of civil RICO claims are dismissed relatively quickly by state or federal courts due to the plaintiff’s failure to to state a prima facie case. In this blog post,… Read More »
Should Your Business Get An SBA Loan?
If you are a small business, you may have heard of the Small Business Administration (SBA). And if you are a business that may be looking for a cash infusion, you may be wondering whether an SBA loan is right for you. Who is Lending? Contrary to popular belief, when a business gets a… Read More »
Merchant Cash Advances And Invoice Factoring: Good Or Bad Ideas?
Your business is in need of money, but for a number of reasons, you don’t think a traditional loan is for you. But then you hear about something that doesn’t get a lot of publicity: Selling your future receivables (sometimes called merchant cash advances), or invoice factoring. What are these kinds of loans, and… Read More »
Workplace Injuries: Construction Falls
Construction workers have one of the most dangerous jobs on earth. One of the most common injuries sustained while on-site is falls. And unfortunately, they are often fatal. Federal safety rules aim to prevent workers from falling to their deaths, and the Occupational Safety and Health Administration (OSHA) routinely investigates and penalizes negligent employers,… Read More »
New Laws & Regulations For Bicyclists And Motorists In Effect
New regulations for bicyclists and motorists are now in effect with the passage of Senate Bill 950 as of July 1, 2021. According to the Palm Beach Transportation Planning Agency, the new laws enact the following: Defines the terms “bicycle lane” and “separated bicycle lane”; Provides requirements for a vehicle overtaking a bicycle or other… Read More »
How Arbitration Can Sometimes Hurt Businesses And Employers
It is generally accepted that for many businesses, arbitration agreements can be helpful, and avoid long or costly litigation. Many consumers and employee organizations fight against arbitration agreements, as they are seen as “pro-business” or “pro-employer.” To some extent this is true. Certainly, arbitration can expedite the resolution of a claim, lower the costs… Read More »
Partnership Disputes In Florida: Your Guide To Breach Of Fiduciary Duty Claims
A fiduciary duty is the highest standard of care in the American legal system. Investopedia defines a fiduciary simply as a person or organization with whom “trust, confidence, and reliance” has been placed on. This raises an important question: Do business partners owe each other a fiduciary duty? In Florida, the answer is “yes”—but… Read More »
Three Tips For Protecting Your Business From Class Action FDUTPA Claims
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a statute that protects consumers (and businesses) against commercial practices deemed to be deceptive, unfair, abusive, or unconscionable. In many cases, FDUTPA claims are class action lawsuits. A company found liable in a class action FDUTPA could face a significant financial burden. Here, our… Read More »
Disbarred Lawyer Found In Contempt Of Court In Long-Standing Civil RICO Claim
According to a report from the ABA Journal, Judge Loretta Preska of the United States District Court for the Southern District of New York has found disbarred lawyer Steven Donziger guilty of criminal contempt. A human rights attorney, Mr. Donziger failed to comply with court orders in a multi-million civil RICO lawsuit filed by… Read More »
What Is The Work For Hire Doctrine?
Imagine this: Your business needs a new logo. Perhaps a cute character, say, a rabbit that everybody will identify with your company product or brand would be great. You go to your executive vice president who happens to be an amateur graphic artist. He creates a great looking rabbit. So good, the rabbit is… Read More »
What Can And What Can’t Be Asked At Your Deposition?
If you are called to testify at deposition, you may have some concerns about what may be asked of you. This is not an easy question to answer. Unlike in the movies, and in some other states, generally in Florida, there is no judge at a deposition. That means that what happens at deposition… Read More »