Author Archives: Michael Pike and Daniel Lustig
Courts Will Use “Industry Standards” to Resolve Vague Terms in Contracts in Florida
Disputes over a contract can arise for a wide range of different reasons. Vague terms within an agreement can lead to parties running into problems. In Florida, courts can look to “industry standards” to resolve disputes over contract terms that are genuinely vague. Here, our Miami commercial litigation lawyer explains the key things to… Read More »
Can a Contract Be Formed Through Silence in Florida?
A contract is a legally binding agreement. In Florida, a contract is formed through an offer and acceptable. You may be wondering: Is it possible to form a binding contract through silence? The short answer is that silence is generally not sufficient to form an enforceable contract—however, there are some limited exceptions. Here, our… Read More »
University of Florida Head Football Coach Sued for Breach of Contract
On May 10th, 2024, NBC News reported that University of Georgia Quarterback Jaden Rashada has filed a breach of contract lawsuit against Billy Napier—the head football coach for the University of Florida (UF)—over a failed Name, Image, and Licensing (NIL) deal. Here, our Miami commercial litigation attorney provides a more comprehensive overview of the… Read More »
What is a Clawback Lawsuit and What if You’re Served With One?
Let’s say that your business gets a really great deal, on inventory, or a product, or piece of machinery, or a vehicle. It’s a really great deal—but you know that the seller is going through some financial troubles, so it makes sense that the seller may want to generate some quick cash. Or maybe… Read More »
Florida Second in Country in Elder Financial Fraud: $180 Million in Confirmed Losses in 2023 Alone
On May 14th, 2024, NBC 6 South Florida reported that our state has the dubious distinction of being home to the second highest total amount of elder financial fraud in the entire country. Notably, the Federal Bureau of Investigation Internet Crime Complaint Center (ICCC) reports that elder financial fraud nationwide spiked 14 percent nationwide… Read More »
Supreme Court Hears Oral Arguments in Complex Business Dispute Over Shareholder’s Life Insurance Policy
The Supreme Court of the United States recently heard oral arguments in a complex tax dispute over a shareholder’s life insurance policy. The case, Connelly v. Internal Revenue Service, centers around whether federal tax liability was properly assessed against a shareholder’s estate after a buyback. The decision of the court could have major implications… Read More »
Partnerships in the Real Estate Industry: What is a Lis Pendens?
South Florida has one of the most dynamic real estate markets in the entire country. Are you a partnership that is invested in real estate? It is crucial that you have an understanding of the laws and regulations that could affect your business. A key thing to be aware of is whether properties you… Read More »
How Long Do You Have to Sue a Design or Construction professional? It’s Not So Clear
In many construction projects, or improvements to real property there are a lot of professionals involved. These can include architects, engineers, and designers. And when something goes wrong, if you are the one who is harmed by professional malpractice, you certainly have the right to sue. But there is some conflict in the law,… Read More »
Understanding the Basics of Copyright Expiration
Recently a movie was released with the name, “Winnie the Pooh: Blood and Honey.” There is also talk of making a horror movie from the “Steamboat Willie” property, featuring Mickey Mouse. How is all of this possible? Aren’t these properties protected by copyright, and in these cases, owned by Disney? Copyright Expiration These kinds… Read More »
Using “As-Is” Clauses in Your Contracts
If you’re selling a product and want nothing to do with ensuring the product does what it’s supposed to do, one easy way to wash your hands of potential liability is through an as-is clause. But those two worlds don’t solve all legal problems, and you can still be on the hook if something… Read More »
Business Confidentiality and Protecting Trade Secrets When Divorce is Looming
During your marriage, you likely share a lot of information with your spouse, as you probably should. Some of that information may be private information about your business. In fact, your spouse may even work at or with or for your business, perhaps even in a higher level position, giving him or her access… Read More »
Two Big Changes Just Happened to Employment Law
Well, it finally happened: the government, through the Federal Trade Commission (FTC), finally and after much speculation, made the use of noncompete agreements, for the most part, illegal. Long Discussion Ends in a Ban This is not a new or unexpected change; the FTC had been debating outlawing noncompete agreements for the past year,… Read More »
Pros and Cons of Getting an Early Right to Sue Letter from the EEOC
If you have an employment discrimination claim, the government will require that you file that claim with the Equal Employment Opportunity Commission (EEOC) first, before you can just jump right into court. But what a lot of employees don’t know is that there is a way to speed up this process. Time Limits By… Read More »
Florida Regulators Crack Down On “SunPass Scams”
On May 10th, 2024, The Palm Beach Post reported that Florida regulators are cracking down on so-called “SunPass scams.” Within the last few days, ten different websites targeted consumers in our state have been shut down by authorities. These websites were used to send unsuspecting people fraudulent SunPass toll violations. Here, our Palm Beach… Read More »
Federal Appeals Court Rules in Favor of NBA Star Zion Williamson in Contract Dispute With Florida-Based Agent
On May 7th, 2024, News Observer reported that a federal appellate court has ruled in favor of NBA star Zion Williamson in a five-year long breach of contract case. The court determined that Mr. Williamson is not liable for breaching a contract with a Florida-based agent because that alleged agreement was never valid in… Read More »
The Three Most Common Grounds on Which a Shareholder Derivative Claim Can Be Dismissed
A shareholder derivative lawsuit is a legal claim filed by a shareholder or group of shareholders on behalf of the corporation itself. It is often but not always filed against the company’s officers, directors, or another key insider. When a shareholder derivative lawsuit is filed, corporate leaders typically move for an immediate dismissal. Here,… Read More »
Accepting Late Rent Could Hurt Your Legal Position
Let’s say that you rent property to someone else. Maybe you’re a landlord of residential or commercial property. Hopefully, your tenants pay on time, but sometimes, problems happen, and the payment is late, or doesn’t show up at all. Should You Work it Out? On the one hand, you want to work with tenants—kicking… Read More »
Using a Temporary Director on Your Board of Directors
You likely know that your Board of Directors will have to vote on matters concerning the company. What matters they will vote on and when, depend on your corporate documents, such as your bylaws. But when it comes time to vote, they will have to make the decision. How Many Directors? If you have… Read More »
The Board of Directors’ Role in a Non-Profit Organization
In a traditional for-profit company, a Board of Directors is there for one primary reason: to safeguard the interests of the shareholders. Of course, the shareholders’ interest is in maximizing the value of their shares, and thus, in ensuring that the company operates as profitably as possible. But while the motivation to maximize profit… Read More »
Was Your Company the Victim of a Breach of Contract? Five Things to Do Before Filing a Lawsuit?
Did your company suffer losses as a consequence of a breach of contract? If so, you may be considering filing a lawsuit against the breaching party. While litigation is necessary in some cases, it is important to emphasize that it is not always the best approach. There are some steps to take before heading… Read More »
