Recent Blog Posts
Closely Held Corporations: Are they Real, and Are They Worth It?
You may have heard of someone saying that they have a closely held corporation. And while this may just sound like a descriptive adjective it actually does have a legal meaning, and a closely held corporation is, in some ways, different from a standard corporation. What is a Closely Held Corporation? Closely held corporations… Read More »
Asset Sales and Stock Sales: Know the Difference
The decision to sell your business is a big one. But once it’s made, you may think the decision-making is over. It isn’t. That’s because in addition to the decision whether or not to sell your business, you then need to decide what part of your business to sell. There are really three things… Read More »
Understanding the FMCSA Clearinghouse II Rule: Key Compliance Changes for Trucking Companies and CDL Drivers
Robert C. Johnson, Partner November 18th, new federal regulations will tighten the oversight of commercial driver licenses (CDLs) for truck drivers who fail drug or alcohol tests. Under the Federal Motor Carrier Safety Administration’s (FMCSA) Clearinghouse II rule, state licensing agencies must downgrade a driver’s CDL if they are flagged for prohibited driving status… Read More »
Things to Include or Leave Out of Your Loan Agreements
Whether you are lending money to someone as a favor, or whether lending is an essential part of your business, your lending agreement may be the difference between getting paid back, or being out a lot of money, unable to collect. But you may be surprised at how many important things people leave out… Read More »
States Must Enforce New FMCSA Prohibited Trucker Regulation By November 18th
To operate a large commercial truck safely, a driver needs to be licensed, trained, and in the proper state of mind. Intoxicated truckers are extremely dangerous. The Federal Motor Carrier Safety Administration (FMCSA) maintains a comprehensive Drug and Alcohol Clearinghouse. It is a real-time database of CDL drug and alcohol violations. As of November… Read More »
Can You Reopen a Truck Accident Injury Settlement?
Getting into any type of crash is stressful—especially so if the other vehicle is a large commercial truck. Following a crash, you need compensation to pay your bills and cover your damages. That can come through a personal injury settlement. It is crucial to get your personal injury settlement right the first time because… Read More »
Can You Hold a Business Liable for a Sexual Assault in the Parking Lot?
Sexual assault is a terrible crime. The person who commits the attack should be identified, arrested, and held accountable for their crime. Other parties may bear civil liability under Florida law. A business who allows an attack to occur because of negligent security practices may be civilly liable for a sexual assault on its… Read More »
I Was Hurt in a Semi-Truck Accident in Florida—What Should I Do Next?
Motor vehicle collisions are stressful—especially so when a large truck is involved. Not only are eighteen wheeler accidents more likely to cause serious injuries, the claims process can be even more complicated. A wide range of different issues can arise. For injured victims, a proactive approach is an absolute must. At Pike & Lustig,… Read More »
Ten South Florida Cities Named in the Top 25 Most Dangerous Cities to Drive in the State
On October 16th, 2024, the Miami Herald published information about a study that looked at the most dangerous cities for traffic safety across the United States. Florida was found to be the 13th most dangerous state for motorists in the country. Researchers also highlighted the 25 most dangerous cities for drivers in Florida. Within… Read More »
What Evidence Can I Use to Prove Liability in a Civil Sexual Assault Claim in Florida?
Sexual battery is a terrible crime. Victims need justice. As part of the process, they may have a civil claim against the offender and/or a third party whose negligence contributed to the assault. Civil sexual battery claims are fault-based legal cases. Claimants (victims) must be prepared to present strong, compelling evidence that proves the… Read More »
What is Florida’s 14-Day Rule for Commercial Truck Accidents?
Were you hurt in a semi-truck accident in Florida? You need compensation to pay bills and provide for your family. As Florida is a no-fault auto insurance state—including for truck accidents—there are some unique rules that apply to your case. A key deadline: You need to seek medical care within 14 days of your… Read More »
Four Tips for Preserving Evidence After a Commercial Truck Accident in Florida
The Florida Highway Safety and Motor Vehicle (FLHSMV) reports that more than 30,000 commercial trucks were involved in accidents in the state in 2023 alone. After a semi-truck crash, it is imperative that victims are able to get justice and compensation for their damages. All successful legal claims are built on a foundation of… Read More »
How is the Standard of Liability Different in a Civil Sexual Assault Claim versus a Criminal Sexual Assault Charge?
Sexual assault is terrible. Any person that committed the offense—and any party whose negligence allowed it to occur—should be held accountable. The perpetrator may be arrested and charged with a serious criminal offense. The victim may also have a civil claim. There are separate cases—and different standards of liability apply. Here, our Miami sexual… Read More »
Legal Considerations When Drafting Online Terms of Service
When you access a website, how many times have you read the terms of service (TOS)? If you’re like most people, the answer to that question is rarely, if ever. But that doesn’t mean that a good TOS page for your own site isn’t important. Enforceable Contracts? A TOS is, at its core, a… Read More »
Business Goodwill: What is It?
When a business is damaged because of something that someone else does—say, stealing intellectual property or defaming the business—one element of damages that a business can seek is goodwill or the loss of goodwill that their business has suffered. But what is good will? Easy to Define, Hard to Measure It’s easier to define… Read More »
Ways to Keep Your Attorneys Fees Reasonable
If you have a business law case, you may be concerned about the cost of legal fees and how you will keep your attorneys fees bills to a level that you can afford. That is understandable and a very valid concern. And while there are some things in a business law case that can… Read More »
Proposals for Settlement: Getting Attorneys Fees When You Otherwise Can’t Get Them
The American rule states that the winning party in a lawsuit doesn’t automatically get its attorneys fees just for being the winner. Rather, there must either be a contract providing for prevailing party attorneys fees or a statute that awards attorneys fees. The Proposal for Settlement But there is one other way to get… Read More »
Retaliation Can be Alleged Even Based on Oral Complaints by an Employee
It is widely accepted that for employees to have a right to sue for retaliation, they must put their complaints or concerns in writing. That is, if an employee feels that an employer is doing something wrong and makes a complaint about it, in order to later say that the employee was retaliated against,… Read More »
Seller Sues Broker For Not Disclosing Buyer Jeff Bezos’ Identity
In many real estate contracts, buyers and sellers end up in lawsuits over concerns of what their brokers or agents—or even the other side to the contract—should have disclosed to them. A recent lawsuit is doing the same, but this time, with a very interesting allegation over what the seller feels that he should… Read More »
What is the Deadline to File a Truck Accident Injury Claim in Florida?
Hurt in a semi-truck accident in South Florida? You have limited time to take legal action. This raises an important question: What is the deadline to file a truck accident injury claim in Florida? The short answer is that there is a two-year statute of limitations—but you have less time to initiate your no-fault… Read More »
