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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Sole Proprietorships: Is the Ease Worth It?

By Michael Pike and Daniel Lustig |

Let’s say that you are thinking of starting a small business. But you aren’t really considering a major business, with employees or even a physical office. This is more of a “side hustle,” perhaps with the hopes of it one day blossoming into more. This is often the situation that leads business owners to… Read More »

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What is a Family Limited Partnership?

By Michael Pike and Daniel Lustig |

It seems to be common to go into business with family. The fact that it happens isn’t such a surprise. But what you may not have known is that there is actually a specific type of business entity, especially designed for those who want to own a business, and go into business with, family…. Read More »

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Why Consequential Damages Matter – And Could be Costly

By Michael Pike and Daniel Lustig |

Imagine that your company contracts with an IT company, to service and maintain your software. But they don’t do the job, or don’t do what they were supposed to do under the contract. As a result, your computer systems go down, you have to hire another company to do the job and you lose… Read More »

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Can You Seek Punitive Damages in a Civil Sexual Assault Claim in Florida?

By Michael Pike and Daniel Lustig |

Sexual assault is a terrible crime. The perpetrator should be held accountable. In Florida, they can be convicted of a felony and sentenced to significant prison time. A criminal case is an important part of the justice process. The victim may also have a civil legal claim—against the offender and, potentially, against other negligent… Read More »

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Commercial Trucks and Blind Spots Accidents

By Michael Pike and Daniel Lustig |

A fully loaded tractor trailer in South Florida is typically 72 feet long and can weigh up to 80,000 pounds. These vehicles have significantly larger blind spots than passenger cars—and that makes them an inherent safety hazard. Given the inherent risk, it is imperative the motorists in Florida know how to navigate a truck’s… Read More »

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Woman Killed in Rear-End Collision With Cement Truck on Highway in Miami-Dade County

By Michael Pike and Daniel Lustig |

On July 23rd, 2024, NBC 6 South Florida reported that a woman was killed in a rear-end collision with a cement truck on a highway in Miami-Dade County. The tragic collision happened in the early morning hours on the Florida Turnpike. Within this blog post, our Miami semi-truck accident attorney explains what we know… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Chevron Deference May be Gone: What Does That Mean?

By Michael Pike and Daniel Lustig |

With all the news about recent Supreme Court decisions, there is one that isn’t getting as much attention, but which may have a larger effect on you and your business: It’s a case called Loper Enterprises and the case struck down what is known as Chevron deference. A Primer on US Government To understand… Read More »

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Partnership Agreement? Don’t Forget These Provisions

By Michael Pike and Daniel Lustig |

You’ve probably read it before: if you’re starting a partnership, make sure you have a partnership agreement. But just having an agreement isn’t enough. You want to make sure that what’s in that agreement thoroughly protects you and covers all the issues that it needs to cover. Here are some things that should be… Read More »

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Jurisdiction and Choice of Law: What’s the Difference?

By Michael Pike and Daniel Lustig |

Many people when they draft contracts give little thought to what law will apply to the contract, should it have to be enforced or interpreted by a court. But choice of law provisions can be very helpful to your business, especially if you do business nationwide. What is a Choice of Law Provision? As… Read More »

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Common Mistakes in Arbitration Clauses

By Michael Pike and Daniel Lustig |

Whether you want to have an arbitration clause on your business contracts or not is up to you, and there are a number of pros or cons to having them. But if you do think that they can help you limit liability, or obtain some other kind of advantage, you certainly want to make… Read More »

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Who Can Sign Your Business Contracts? It Could be Anybody if You’re Not Careful

By Michael Pike and Daniel Lustig |

In a larger business, contracts are signed all the time. But with multiple employees, including corporate officers, who in the company can actually sign a contract for and on behalf of the company, binding the company? It isn’t unusual for an owner or CEO or some other higher level executive, to learn that a… Read More »

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Using Copyrighted Music to Train AI: Is it Infringement?

By Michael Pike and Daniel Lustig |

Taking someone’s music and using it for yourself, is copyright infringement. Most people know that. But there’s a new frontier in the fight over what is and what is not infringement: Artificial Intelligence. Music as AI Training Clearly, it’s infringement if AI uses something that’s copyrighted. But a recent lawsuit asks the question of… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

How to Address Dispute Resolution in an Operating Agreement for a Multi-Member LLC

By Michael Pike and Daniel Lustig |

A limited liability company (LLC) is a business entity that combines some of the advantages partnerships and traditional corporations. While not a requirement under Florida law, multi-member LLCs should always have a properly drafted operating agreement in place. Further, that agreement should include provisions for addressing dispute resolution. Within this article, our Palm Beach… Read More »

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What Clause Do You Use to Address Deadlock Disputes in a 50/50 Partnership?

By Michael Pike and Daniel Lustig |

Are you entering a 50/50 partnership? No matter how much trust you have in your business partner, it is crucial that you have a well-drafted partnership agreement in place. Notably, with 50/50 partnerships, a provision that addresses deadlock disputes is a must. Here, our West Palm Beach partnership dispute lawyer highlights the key options… Read More »

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Defendant Seeks Dismissal of Florida Company’s $30 Million Breach of Contract Lawsuit

By Michael Pike and Daniel Lustig |

According to a report from Juneau Empire, the defendant in a breach of contract lawsuit that was brought by a Florida company has filed a motion to dismiss. Goldbelt Inc—a Native American owned company in Alaska—argues that a supposed oral contract with the Martin County-based iRemedy Healthcare Inc. is unenforceable. Within this blog post,… Read More »

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Trucker Inexperience Can Be Dangerous

By Michael Pike and Daniel Lustig |

A fully loaded tractor trailer can weigh as much as 80,000 pounds. It is also typically around 72 feet long. To safely operate such a massive vehicle, a trucker needs skill and experience. Trucker inexperience has the potential to be extremely dangerous. It can contribute to bad accidents. Within this article, our Miami tractor… Read More »

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What Evidence Can You Use to Prove Liability in a Semi-Truck Accident Case?

By Michael Pike and Daniel Lustig |

Hurt in a semi-truck crash in Palm Beach County? You are not alone. Florida Highway Safety and Motor Vehicles (FLHSMV) reports that there were more than 35,000 confirmed heavy duty truck accidents statewide in 2022. A trucker or trucking company may be held legally liable for a serious crash. You may be wondering: What… Read More »

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What is the Statute of Limitations for a Civil Sexual Assault Claim in Florida?

By Michael Pike and Daniel Lustig |

According to data from RAINN, approximately 1 in 6 U.S. women has been the victim of sexual violence. Sexual assault is a crime. The perpetrator must be held accountable. It can also lead to a civil legal claim through which the victim can seek financial support. This raises an important question: What is the… Read More »

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Copyright Fair Use: Know the Basics

By Michael Pike and Daniel Lustig |

Have you ever heard of or seen someone else use what you know is copyrighted material, and yet, you’re pretty certain they didn’t pay for or get permission to use that material? One way that they may be doing that is through what is known as the fair use doctrine. But be careful—there is… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Attorney, Advocate and Counselor: How Each Role Helps Your Business

By Michael Pike and Daniel Lustig |

When you think of needing or hiring an attorney, you know your attorney is on your side, but you probably think of your business lawyer more as an expense, than as a business partner, with the goal to save you money, or keep your business running smoothly. But although you may think of your… Read More »

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