Author Archives: Michael Pike and Daniel Lustig
Does an LLC Provide Protection to the Business Owner?
Are you considering forming a limited liability company (LLC) in Florida. If so, you may be wondering: Does an LLC actually provide real liability protection to the business owner? The answer is “yes”—one of the primary benefits of an LLC is that it offers tangible and reliable liability protection. Your LLC’s assets and liabilities… Read More »
Appellate Court Rules in Favor of Businesses Abruptly Shut Down By Local Government in Florida in Tax Dispute—Case Will Move Forward
According to a report from Bloomberg Law, a federal appellate court, the Eleventh Circuit Court of Appeals, has reversed a lower court’s dismissal of a lawsuit businesses filed against a local government in Florida. Lauderhill—a city in Broward County—had reportedly “abruptly” shut down businesses for delinquent taxes. The private businesses will not be allowed… Read More »
Apple Settles Shareholder Lawsuit for Nearly $500 Million (CEO Comments)
On March 15th, 2024, Reuters reported that Apple has reached a nearly $500 million settlement agreement in a shareholder dispute. The dispute in question arose after CEO Tim Cook’s comments regarding the company’s relationship with China. Mr. Cook is accused of misrepresenting the company’s iPhone sales volume in the massive market. Here, our Miami… Read More »
What Evidence Can Be Used to Prove Damages in a Contract Dispute?
Did your business suffer losses due to a breach of contract? Whether it was a vendor, supplier, customer, or any other party, you have the right to hold them accountable for a civil claim. You will need to prove your damages as part of the legal claims process. This raises an important question: What… Read More »
Can You Settle a Partnership Dispute After Litigation has Already Started?
Are you deep into a business partnership dispute? Even if litigation has already started, you can still reach a settlement. Here, our West Palm Beach partnership dispute attorney explains how settlement could still be an option even if litigation has already started in your case. What Does it Mean to Start Litigation? That you… Read More »
Locked in a Business Contract Dispute? How Commercial Mediation Can Help
Are you locked in a business contract dispute? Do not assume that the only way to resolve the case is going to court. Mediation can be a great tool for contract disputes. Here, our Miami business law attorney explains how commercial mediation can be a great option to resolve a contract dispute. What is… Read More »
Five Mistakes to Avoid When Defending an FDUTPA Lawsuit from a Customer/Client
The Florida Deceptive and Unfair Trade Practices Act allows customers/clients to take legal action against a business. Through an FDUTPA lawsuit, a plaintiff may be entitled to compensation for “actual damages” that they suffered as part of a company’s deceptive or otherwise unfair commercial practices. If your company is facing an FDUTPA lawsuit? A… Read More »
Should You Consult With an Attorney Before Signing a Partnership Agreement?
Are you preparing to form a business partnership in Florida? While not required by law, it is strongly recommended that you have a professionally drafted, written partnership agreement. You should always consult with an experienced business law attorney before signing a partnership agreement. In this article, you will find an overview of five key… Read More »
Can You Defend a Breach of Contract on the Grounds that Other Party Did Not Suffer Damages?
Is your company facing allegations of breach of contract? A proactive approach is a must. You do not want to fall behind your counterparty. Facing a breach of contract claim is stressful and frustrating—especially so if you are convinced that the other party suffered no actual harm. This raises an important question: Can you… Read More »
Don’t Make These Mistakes in Your Breach of Contract Case
Sometimes, you just know that a contract is about to be breached. Something about the other party’s words, behavior, or absence of either, tips you off that there’s a really good chance that the other side is not going to or willing to carry out its obligations under the contract. But before you rush… Read More »
What is a Lawsuit for Quiet Title?
Despite their name, quiet title lawsuits have nothing to do with volume, or your disorderly neighbors. Rather, they involve something much more important—your ownership, or right to own, real property, and the resolution of disputes between people who own property. Understanding Chain of Title In its simplest terms, all property has a chain of… Read More »
New Business? Don’t Make These Mistakes
If you’re starting a new business, your mind is probably on the business itself, and how to make it financially successful. That makes sense. Your mind probably isn’t on things like “how can I stay out of legal trouble.” But many businesses do make crucial legal mistakes early on in their business—mistakes that can… Read More »
Is Your Wedding a Business Transaction? With Your Vendors, it May Be
When people get married, they often think of contracts that relate to the “what if we get divorced” question—that is, questions about prenuptials, and preserving property after a divorce. What they aren’t prepared for, and don’t give much thought to, are all the legal issues surrounding the wedding itself. Think about it-a wedding can… Read More »
Business Interruption Insurance: Some Basics
Many businesses have and purchase business interruption (BI) insurance, and that’s a smart thing. But the mistake that many business owners make is purchasing that insurance, and just assuming that it covers absolutely any reason, or cause, that could affect the downturn of business. Business interruption insurance is complex, and actually excludes a lot… Read More »
Providing Leave for Employee Victims of Domestic Violence
If you have a business and that business has more than 50 employees, you need to be aware of a little known law that protects the jobs of employees who are subject to domestic violence. So long as the employee has worked for your business for three months, you should be aware of your… Read More »
What is the Meeting of the Minds?
The phrase meeting of the minds, sounds like something from a fantasy show, or a science fiction movie. But it is actually the core, basic premises of contract law, and a foundational question in determining whether or not a valid, enforceable contract ever existed. Mutual Assent To have a meeting of the minds, thus… Read More »
Getting Investors While Protecting Trade Secrets
Getting good, quality investors can be the thing that gets your new business or business venture off the ground. You may not have the money, but you may have the business acumen and ideas to make money. So getting investors is one way to get that business out of your head, and into the… Read More »
ADA Lawsuit “Testers”: Can They Sue Businesses That Aren’t Compliant?
You may already know that your physical premises must be disability compliant, and accessible to the handicapped and disabled community. The Americans With Disabilities Act (ADA) does have a few exceptions, but as a general rule, if your business doesn’t meet stringent height, accessibility, or measurement requirements, your business or property can be seen… Read More »
Defamation in the Workplace: Is it Actionable?
In the real world, outside of work, you may be very conscious of things that you say and don’t say, for fear of saying something defamatory. But often, when it comes to employees, we tend to be more loose-lipped, saying things that can lead to defamatory claims. At Work is the Same as Outside… Read More »
Don’t Discriminate Against Employees who File for Bankruptcy
Filing for bankruptcy is not a “Scarlet Letter,” or a mark of some kind of shame for people who do file. Nonetheless, as an employer you may have, and have a right to have, your own opinion on what it means when employees file for bankruptcy. What you don’t have a right to do,… Read More »
