Author Archives: Michael Pike and Daniel Lustig
Is a Nonprofit Organization Right for You?
Let’s say you are starting a new business, and you are considering what kind of business entity you will be. One type of entity you may not have considered, is the nonprofit or not for profit organization. While of course, these entities can only be used for certain kinds of businesses, if your business… Read More »
Partnership Accounting: How Does Discovery Work?
Accounting can be one of the most effective, efficient methods to resolve a business partnership dispute in Florida. The initial discovery process is limited with an accounting. This is one of the reasons why the process can be faster. Here, our Miami partnership dispute attorneys explain the key points to understand about discovery works… Read More »
CoFounders Sue Trump Media, Threatening Proposed Truth Social Merger
On March 1st, 2024, The New York Times reported that a partnership owned by Wes Moss and Andy Litinsky filed a lawsuit against Trump Media in the Delaware Chancery Court. They argue that Donald Trump—the Former President and owner of Trump Media—is improperly trying to dilute their shares in the company. Within this article,… Read More »
Report: Construction Fraud Case Highlights Disturbing Trend in Florida
According to a report from Action News Jax, a luxury home builder with an otherwise reputable track record is facing more than a dozen complaints from residential customers. Prosecutors contend that the Pineapple Corporation—and its owner, Spencer Calvert—improperly took in millions from customers. Within this article, our Miami FDUTPA lawyer discusses the report—and the… Read More »
Understanding the BFOQ Defense in Discrimination Cases
As a business, you probably are aware of the dangers of discriminating, whether as to race, health/disability, religion, gender, or nationality. But in some cases, in some industries, there may be some instances where you feel like you have to be a bit discriminatory—not in a mean way, but because your particular industry is… Read More »
Using Hold Harmless Agreements in Your Business Contracts
If you’re a business and you’re hoping to limit your legal exposure, or to at least have some control over any lawsuits brought against you, the use of exculpatory clauses or hold harmless agreements may accomplish that goal. But the last thing you want is false confidence—it’s important to make sure that the exculpatory… Read More »
The Basics of Judgment Collection: How Long and How to Do It?
When people are sued, you will often hear them say something like “let them sue me, they’ll never collect.” And while that may be true to some extent—some people really have nothing to collect—the question isn’t really what can be collected—it’s how long a judgment creditor has to collect on the judgment. How Long… Read More »
Breach of Contract Claims: Equitable Relief
When a contract is violated, the non-breaching party may have a legal claim. In Florida, the primary remedy in a breach of contract case is financial compensation. However, in some cases, an equitable remedy may also be available. The Legal Information Institute explains that equitable relief in a breach of contract claim refers to… Read More »
Tripadvisor Permitted to Re-Incorporate in Nevada—But Shareholder Litigation Can Still Move Forward
According to a report from MSN, a judge from the Delaware Court of Chancery has agreed to permit Tripadvisor to re-incorporate in Nevada. However, in doing so, the court noted that ongoing shareholder disputes against the business can still move forward. Here, our West Palm Beach shareholder rights lawyer discusses the ruling and its… Read More »
Priscillia Presley Faces Lawsuit from Former Business Partner
According to a report from Billboard, Priscillia Presley—the daughter of music legend Elvis—is being sued by a former business partner. Brigitte Kruse—who argues that she saved Mr. Pressley from serious financial problems—is bringing a claim on the grounds of breach of contract. Here, our Miami partnership dispute attorneys provide a more detailed overview of… Read More »
Understanding the Federal False Claims Act
You probably have heard of whistleblower lawsuits. But what exactly is “blowing the whistle,” and what does federal law say about the ability of people to report illegal theft or fraud being perpetrated against the US government? The False Claims Act The law is called the Federal False Claims Act, and while reporting any… Read More »
These are Often Overlooked, in Franchise Agreements
So you’re buying a franchise, and the franchisor has put in front of you a lengthy franchise agreement. You’re a pretty savvy businessperson, so you generally know what to look for, and how to read the franchise agreement. But there are some things in every franchise agreement that even the most experienced business people… Read More »
Asset Sale or Stock Purchase? It Makes a Difference
So you’re selling your business, or you’re buying one. But what is actually being bought or sold? Before you just say “the business,” you should be aware that there are two main ways that businesses are bought or sold, and they can have significant legal ramifications and differences. You can buy or sell a… Read More »
Three Signs a Voluntary Partnership Dissolution in the Best Solution for a Dispute
Partnership disputes are among the most sensitive, challenging types of business conflicts. In some cases, the most advisable path forward for business partners locked in a dispute is to voluntarily wind down their businesses. Here, our West Palm Beach partnership attorney highlights three signs that suggest a voluntary dissolution may be the best option… Read More »
Contract Litigation: ACC Seeks Hold on FSU’s Lawsuit
On February 16th, 2024, ESPN reported that the Atlantic Coast Conference (ACC) is asking the court to put a “hold” on the contract lawsuit filed by Florida State University (FSU). The ACC wants the legal matter in Florida paused until a similar issue is resolved in North Carolina. Here, our Miami contract litigation attorney… Read More »
Florida State Regulators Launch Initiative to Stop Consumer Fraud
On February 5th, 2024, the Florida Record reported that state regulators have launched an initiative designed to stop consumer fraud. Chief Financial Officer (CFO) Jimmy Patronis is aiming for a “Fraud Free Florida. ”Within this article, our Miami FDUTPA lawyer highlights the key points consumers should know about the initiative and explain your options… Read More »
Considerations for Negotiating a Breach of Contract Settlement in Florida
A breach of contract case will not always end up in court. Quite the contrary, parties often have options available to settle a breach of contract case. Whether you are the alleged breacher or the non-breaching party, there are many potential benefits that can come with a settlement. Here, our Miami breach of contract… Read More »
Why Mediation is a Great Tool to Resolve Business Partnership Disputes
Are you locked in a dispute with a business partner? It can be stressful to try to find a solution. In many cases, mediation is the best course of action. The Florida Bar explains that mediation is a non-binding process where parties work together to resolve their dispute. Within this article, our Miami partnership… Read More »
Can You Compel Arbitration of an FDUTPA Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers and businesses to seek compensation for losses caused by certain improper commercial activities. The law contains a private right of action—meaning consumers/businesses have the right to sue under the FDUTPA. This raises an important question: Can arbitration be… Read More »
“I’m Sorry” as a Legal Strategy – Does it Work?
In our personal relationships, we often are told of the value of saying “I’m sorry” when we do something wrong. But when it comes to our business transactions, we rarely do that, when in reality, it can often be an important and powerful negotiation technique. The Emotional Aspect of I’m Sorry When we are… Read More »
