Recent Blog Posts
Lawsuit With an Unlicensed Construction Professional? You Have Options
You have a significant construction project, and you hire a company that seems to be prepared to do the job. The job gets done, but there are problems with it. Bad workmanship. The job is incomplete. It isn’t up to specifications. Or any other number of problems. You want to sue, and then you… Read More »
When Third Parties Have Property, There Could be an Interpleader Action
Many times, two people have a dispute over money or property. That isn’t such a unique situation—in fact, it probably describes the majority of business related disputes. But sometimes there is an extra wrinkle in these kinds of cases: Neither party that claims ownership of the money or property, actually has that money or… Read More »
Federal Judge in Florida Dismissing Part of Deceptive Trade Practices Claim Against Burger King, Allows Other Part of Case to Move Forward
According to a report from Restaurant Dive, a federal judge in South Florida has dismissed part of a deceptive trade practices claim against Burger King while simultaneously allowing the other part of the case to proceed. The complaint in question alleges that Burger King deceptively inflated the size of its “Whoppers” in its advertising… Read More »
Shareholder Drops Lawsuit Against LifeWallet
According to a report from the Miami New Times, a shareholder has dropped a lawsuit against LifeWallet—a collection company headquartered in South Florida. Notably, the publicly-traded company’s stock price has collapsed in recent years—falling sharply in the Spring of 2023 following restated financials that showed that the business had losses that were dramatically larger… Read More »
Was Your Florida Business Affected By a Breach of Contract? Four Mistakes to Avoid
A breach of contract can cause significant financial harm to the affected business. If your company was the victim of a contract breach in Florida, it is imperative that you take immediate action to protect your rights and interests. Contact disputes are complicated and too many non-breaching parties make avoidable errors. In this article,… Read More »
Wells Fargo Prevails in Shareholder Lawsuit Over Alleged “Fake” Interviews
According to a report from Reuters, Wells Fargo—the American multinational financial services company based in San Francisco, California—has prevailed against a lawsuit filed by a group of shareholders. The claim had alleged that the company used “sham” interviews to boost certain diversity statistics. Within this article, our West Palm Beach shareholder litigation attorney explains… Read More »
Tesla Faces False Advertising Lawsuit for Alleged Misrepresentation of the Range of Electric Vehicles
According to a report from Engadget, Tesla is currently facing a false advertising lawsuit over allegations that it materially misrepresented the range of its fleet of electric vehicles. As currently filed, the false advertising lawsuit seeks to cover all consumers in California who bought Tesla Model 3, Model S, Model X or Model Y…. Read More »
The Ins and Outs of Florida’s Deceptive Trade Practices Act
Florida’s Deceptive and Unfair Trade Practices Act or FDUTPA, can be a blessing or a curse, depending on whether you are a business trying to avoid getting into legal trouble, or a consumer trying to get redress for being wronged by an unscrupulous business. Either way, FDUTPA is a strong law that businesses should… Read More »
Privileges and Confidentiality: There are More Than You Think
You probably know of, or are aware of, the attorney client privilege. But did you know there were many other forms of privileges? These are times when nobody, in or out of litigation, can ever compel you to provide confidential information. Knowing what these privileges are, other than the well known attorney client privilege,… Read More »
Don’t Get in Trouble With Contributory Infringement
As a business owner, you likely (hopefully) respect others’ intellectual property rights, and would never just blatantly infringe on others’ copyrights. But what about helping someone else infringe? That can get you in trouble as well—even if you’re not the one actually doing the infringement. What is Contributory Infringement? It’s called contributory infringement, and… Read More »
Employee Handbooks: Are They a Good Idea?
If you have a business, having an employee manual-or some kind of handbook, or policies and procedures manual—can help your employees understand what is expected of them, create an atmosphere of openness, and can let employees know what is and is not expected of them. But employee manuals come with one possible downfall: many… Read More »
Do You Have to Perform Under a Contract When the Other Side Breaches?
In any breach of contract cases, it is common to have both parties suing each other, both alleging that the other breached its obligations under the contract. But what happens in that situation: can two parties be in breach of an agreement, and if one party breaches, does the other party to the contract… Read More »
Fraud and Fraud in the Inducement: What’s the Difference?
Many of us already know what fraud is, and would not think of doing anything to purposely defraud someone else. But what many people aren’t aware of, is that there are different kinds of frauds—including frauds that happen even before a contract is entered into. When someone claims that they had a contract, and… Read More »
Taco Bell Faces False Advertising Lawsuit for Alleged “Skimpy” Fillings
According to reporting from The Washington Post, Taco Bell—the national fast-food chain owned by Yum! Brands Inc.—is facing a false advertising lawsuit for allegedly being “skimpy” when filing its popular Crunchwrap offering. In this article, our Florida deceptive and unfair trade practices lawyer discusses the allegations raised in this case and provides an overview… Read More »
JP Morgan, CEO Jamie Dimon Prevail in Shareholder Lawsuit Centered Around Alleged Ties to Disgraced Former Hedge Fund Manager Jeffrey Epstein
According to a report from Reuters, JP Morgan, its Chief Executive Officer (CEO) Jamie Dimon, and the company’s board of directors have prevailed in a shareholder derivative lawsuit centered around its alleged connections with former distracted hedge fund manager Jeffrey Epstein. A federal court dismissed the shareholder lawsuit on the grounds that shareholders failed… Read More »
What is the Role of a Mediator in Mediation of a Partnership Dispute in Florida?
Mediation can be one of the most effective methods to resolve a partnership dispute. Even when business partners are locked in a serious disagreement, there is often still a path towards an amicable resolution. The mediator—a neutral, independent party—plays an important role in the mediation process. Here, our West Palm Beach partnership lawyers explain… Read More »
A Plaintiff Must Plead Actual Damages for an FDUTPA Claim to Move Forward
Florida’s Deceptive and Unfair Trade Practices Act (The FDUTPA) is a state law that prohibits unfair business activities. The FDUTPA allows consumers to hold a business or organization legally liable for damages caused by commercial deception or abusive practices. To bring a winning FDUTPA, a plaintiff must prove “actual damages”—as that is the core… Read More »
Florida Resident Files Nine Figure False Advertising Lawsuit Filed Against Frontier Airlines (Alleged Hidden Fees)
According to a report from TravelPulse, a resident of Florida has filed a $100 million false advertising lawsuit against Frontier Airlines. The complaint—which was filed in the United States District Court for the Southern District of Florida—alleges that the Denver-based low-cost airline improperly used hidden fees to deceive consumers. Here, our West Palm Beach… Read More »
When is an Accounting the Right Solution for a Partnership Dispute in Florida?
Are you locked in a dispute with a business partner in Florida? Undoubtedly, you are looking for the most efficient, cost-effective resolution that properly protects your legal rights and financial interests. In Florida, an equitable remedy called “an accounting” can be an effective tool to solve complex partnership disputes. Though, it is not the… Read More »
FTC Releases Updated Advertising Guidelines for Review and Endorsements
On June 29th, 2023, the Federal Trade Commission (FTC) released the latest information about updated federal advertising guidelines regarding reviews and endorsements. The finalized rules make a number of important changes. Here, our West Palm Beach FDUTPA attorney highlights the key things to understand about the FTC’s revised advertising guidelines regarding reviews and endorsements…. Read More »
