Recent Blog Posts
Preparing a Non-Party Witness: What Can A Lawyer Say and Not Say?
In almost any business litigation case, there are witnesses that are not parties to the case—that is, they are not clients of the attorneys in the case. They are neutral bystanders or others who have some evidence relevant to the issues in the lawsuit. When they are going to be deposed, or even before… Read More »
Understanding Corporate Positions and Titles
When it comes to companies, there are a lot of titles and positions that are talked about. They are often interchangeable; even people savvy in the legal and business world, confuse them, or use them haphazardly. But titles in the business legal world do mean a lot, and have very specific legal meaning. Here’s… Read More »
The Top Four Mistakes to Avoid If Your Company is Being Sued for a Breach of Contract
Contracts form the foundation of many modern commercial relationships. A contract is a legally binding agreement. A party can be sued for damages caused by a breach. Facing a breach of contract lawsuit can be stressful and frustrating. A proactive approach is key. Too many companies make errors in the early stages of litigation…. Read More »
Shareholders Bring Massive Lawsuit Against NextEra Energy Inc. in Federal Court in Florida
According to a report, a group of shareholders have filed a massive lawsuit against a company called NextEra Energy Inc. in a federal court in Florida. With headquarters in Palm Beach County, NextEra Energy Inc. is one of the nation’s largest energy and infrastructure companies. It is being sued for losses of shareholder value… Read More »
Pharmaceutical Giant Brings Lawsuit Against “Semaglutide” Competitor
According to a report from The National Law Review, Novo Nordisk—the large pharmaceutical company that is based in Denmark—has filed a lawsuit against a competitor over the increasingly popular “semaglutide” weight loss drug. Among other things, Novo Nordisk alleges violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Here, our Miami FDUTPA… Read More »
FTC Takes Enforcement Action Against Maker of “Invisible Mask” Over False COVID-19 Protection Claims
Recently, the Federal Trade Commission (FTC) took enforcement action against four defendants that marketed a product called “Virus Buster Invisible Mask.” The FTC determined that the defendants made false and misleading representations about the degree of COVID-19 protection provided by the mask. Within this article, our Miami deceptive trade practices attorney provides a more… Read More »
Are Co-Owners of an LLC Considered Business Partners in Florida?
A limited liability company (LLC) is a type of business entity that combines some of the advantages offered by corporations (liability protection) and partnerships (pass through taxation). Technically, the owners of an LLC are referred to as “members” not “partners.” That being said, they still owe the company—and, often, each other—certain responsibilities. Here, our… Read More »
Shareholder Files Lawsuit Challenging UFC/WWE Merger
According to a report from Bloomberg Law News, a shareholder has filed a lawsuit challenging the proposed merger between Ultimate Fighting Championship (UFC) and World Wrestling Entertainment (WWE). The lawsuit—filed by a pension fund—alleges that executives of the companies engaged in a “sham” bidding process. Within this blog post, our Miami shareholder litigation lawyer… Read More »
Corporations and LLCs: What’s the Difference?
You probably know about companies that are actual Florida corporations, and companies that are Limited Liability Companies, or LLCs. But do you really know the difference? It may not seem to matter to you—until you’re the one looking to start a business, and you need to know which corporate structure is best for you…. Read More »
Do You Know Quid Pro Quo Harassment When You See It?
Your business would never sexually harass anyone. You know the rules, and you avoid breaking them. But there’s one form of sexual harassment that is harder to spot, and which often happens seemingly, at least at first, innocuously: Quid pro quo sexual harassment. And it could happen in your business, without you knowing it…. Read More »
Hold Harmless and Liability Waivers: Make Them Enforceable
Let’s say that you are in a business or an industry where you have concern that you could end up getting sued—particularly sued for injuries. There are a lot of ways to run your business as safely as possible, but you are concerned there may be no guaranteed, foolproof way to insulate yourself from… Read More »
The Dangers of Commingling Business and Personal Assets and Property
One of the great things about operating as a duly formed and legally recognized Florida corporation is the corporate protection for liabilities. Absent personal wrongdoing (like fraud), or your signing a personal guarantee, your personal assets cannot be touched or collected upon, to satisfy the debts, liabilities, or judgments, of the company. But despite… Read More »
Loans, Interest and Usury: It’s Not as Easy as You Think
If you are in the business of loaning money to other people, and you charge interest, you hopefully know about the maximum legal interest rate that you can charge. Go above that rate, and you’re not only breaking the law, but you could end up losing all the money that you borrowed—in addition to… Read More »
Temporary Injunctions: Pros and Cons
When people or businesses sue, they usually sue for money damages. But often, they will also ask for an injunction. An injunction is a court order that stops someone from doing something or from engaging in a specific behavior. When are Temporary Injunctions Needed? Injunctions are common for things like intellectual property infringement, where… Read More »
Can You Protect Referral Sources in Your Non Compete Agreements?
If you have a business and you want to protect your business interests, you should be using a noncompete agreement. Noncompete agreements will keep your employees from leaving your employ, and jumping to competitors businesses (or from starting their own businesses). This can ensure that you can train your employees, and expose them to… Read More »
Your Competitors Can Sue You For Fake and False Product Reviews
It’s no secret that most people nowadays, when making an online purchase, tend to look at online reviews, to see if the product or service they are getting works and is legitimate. But more and more, these online reviews are being manipulated. Legal Liability Whether it’s a rival posting false negative reviews, or a… Read More »
Computer Snooping Can Lead to Big Problems
We all know how sensitive the data that we post on social media is, or the data that we just keep stored in our computers or devices. That’s why when there is a dispute—be it a business dispute, a family law dispute, a probate dispute, or some other legal dispute-it can be really tempting… Read More »
Can a Party’s Failure to Reject (Silence) Be Sufficient to Form a Contract in Florida?
For a legally enforceable contract to be formed in Florida, there needs to be an officer, a meeting of the minds, and an acceptance. What if a party never actually responded with an affirmative written or verbal “yes.” Can a contract ever be formed in Florida based on failure to reject (silence)? It is… Read More »
Federal Regulatory Action and Florida Lawsuit Brings a Stop to Deceptive Practices By Chargebacks911
On November 7th 2023, the Federal Trade Commission (FTC) announced regulatory action to stop a company called Chargebacks911—a financial consultancy firm based in Clearwater, Florida—from engaging in deceptive and unfair commercial practices. Notably, Chargebacks911 was also sued for FDUTPA violations by the Florida Office of the Attorney General. Within this article, our Miami deceptive… Read More »
Target Seeks Dismissal of Shareholder Lawsuit from Federal Judge in Florida
According to a report from Reuters, Target is seeking the dismissal of a shareholder lawsuit from a federal judge in Florida. The company is facing legal action from a shareholder over the fall out of its Pride-Month marketing campaign. The retailer argues that the shareholder lawsuit is politically motivated and that no violation of… Read More »
