Recent Blog Posts
Keywords And Trademark Infringement
It is easy to forget how often today’s search engine optimization (SEO) techniques and keyword advertising can end up in court, often over matters related to intellectual property. Such was the case with two large eyeglass manufacturers, and the use of keywords. Keyword Use If you were advertising for your company, you probably would… Read More »
Three Unique Considerations In A Business Partnership Dispute With A Family Member
For business owners who are in a partnership with their own family member, navigating a dispute can be especially challenging. The emotions can run high and there are some unique issues that need to be considered and addressed as part of the process. Here, our Miami partnership dispute attorney highlights three unique considerations in… Read More »
Multinational Corporate Giant Unilever Faces Shareholder Lawsuit Of The Ben And Jerry’s “Boycott” Of Israel
According to a report from Reuters, Unilever—the London-based multinational consumer goods company—is facing a lawsuit from a shareholder over Ben and Jerry’s boycott of Israel. The shareholder contends that the company mismanaged the situation. Below, our West Palm Beach shareholder dispute lawyer discusses the allegations raised in the lawsuit. Background: Unilever Acquired Ben &… Read More »
How Are Lost Profits Calculated Under The FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that grants parties a private right of action to hold a business or organization legally liable for damages caused by a misleading, unjust, or otherwise unlawful commercial practice. Notably, individual consumers, business consumers, and competing businesses all have the right to… Read More »
How Does A Prior Or Parallel Criminal Proceeding Impact A Civil RICO Lawsuit?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that imposes serious legal liability on those who engage in racketeering activity as part of an enterprise. Florida also has its own state RICO statute called the Florida RICO Act. Federal RICO law and Florida RICO law are both criminal and civil… Read More »
Credit Acceptance Agrees In Principle to $12 Million Settlement In Shareholder Lawsuit
According to a report from Automotive News, Credit Acceptance—a publicly traded Southfield, MI based finance company that operates in the auto finance space—has preliminarily agreed to a $12 million settlement of a shareholder lawsuit. The company has previously been cited by state regulators for “predatory and illegal business practices.” A group of shareholders argued… Read More »
Florida Wrongful Death Act Under Scrutiny Amid Recent Accusation Of Medical Malpractice
Under Florida law, a wrongful death occurs when a person or entity causes another person’s death by a “wrongful act, negligence, default, or breach of contract or warranty.” Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. Recently, it… Read More »
Can A Partnership Own Intellectual Property?
For many businesses, intellectual property (IP) is an increasingly important part of their overall value. The World Intellectual Property Organization (WIPO) notes that intellectual property is a broad term that covers things like “literary and artistic works; designs; and symbols, names and images used in commerce.” It could be a copyright, a trademark, or… Read More »
How Juries Are Picked In Business Law Cases
If you have a business law case that goes to a trial, your trial may involve a jury, which will decide whether you are right or wrong, and how much money you will have to pay or not pay. However, to many people, picking a jury is a mystery. It may help you in… Read More »
New Florida Law Makes Blasting Music In Car A Punishable Offense
Beginning Friday, July 1, 2022, drivers can receive a fine of up to $114 for blasting music in their cars. The new law allows officers to ticket those playing music audible from a minimum 25-foot distance. According to NBC Miami, the average car is about 15 feet long, making it within the statute for… Read More »
Your Business Has Debts: Should You Negotiate Or File Business Bankruptcy?
Let’s say that your business is having problems with creditors. So many problems that you start to wonder if maybe a business bankruptcy is right for you. Before you jump into that drastic step, there are things you should know about business bankruptcies. Business Bankruptcy What happens to your business when you file for… Read More »
Will Supreme Court’s Ruling Reduce Personal Injury Lawsuit Incentives?
As we’ve previously discussed, the Supreme Court weighed in on a Florida personal injury lawsuit ruling 7-2 against the victim’s family, thereby allowing Florida to recover hundreds of thousands of dollars in settlement funds earmarked for the woman’s medical care. Since then, there has been much speculation over allowing state Medicaid programs to collect… Read More »
What Is A SaaS Agreement?
In many cases, your business may use business that your business doesn’t own. This is usually done through licensing. But today, much of the software that we use is in the cloud, or online, which, although similar, is not exactly the same as licensing software. Whether you are a company using software, or a… Read More »
Copyright Problems For The Studio That Made The Recent Top Gun Movie
When it comes to copyright infringement, and making sure that you have the correct licenses and permissions to use others’ intellectual property, you would think that multimillion dollar movie studios always get it right. But even they aren’t free from infringement lawsuits, as Paramount is now finding out after being sued after the release… Read More »
What Is Included In A Typical Shareholders’ Agreement?
When someone buys shares in, say Microsoft, or Amazon, or Costco, or any number of larger companies, shareholder agreements aren’t really vital—after all, you’re probably buying the shares largely to make money, and your involvement in the company will be limited to choosing how long you keep the stock you purchased. But in a… Read More »
Is A Contract Enforceable If Only One Side Signs It?
Let’s say that you have a small business fixing computers. A company hires you. They send you a contract, but you miss it or get busy, and you don’t sign it. You do show up and do the work. The company later doesn’t pay you, or pays you less than agreed, based on the… Read More »
What To Know About Shareholder Agreements And Mandatory Arbitration
Are you involved in a shareholder dispute in Florida? If so, it is crucial that you know your rights under the shareholder agreement and state law. Many modern shareholder agreements contain contract language calling for arbitration for any disputes. You may hear this referred to as a mandatory arbitration provision or a forced arbitration… Read More »
What Makes A Civil RICO Claim Different From A Business Fraud Claim?
There has been a rise in civil RICO litigation in recent years. Under the federal RICO Act and the Florida RICO Act an individual or business that suffered losses due to illicit racketeering activity can seek justice and compensation. Additional compensation is available in a civil RICO claim—but it is more difficult to prove… Read More »
FDUTPA Watch: Eleventh Circuit Upholds Injunction Against Florida’s Social Media Law
On May 23rd, 2022, the United States Court of Appeals for the Eleventh Circuit upheld the injunction of Florida’s controversial “social media” law. The law—which would allow individuals to sue social media companies for inconsistent bans—has been deemed likely to violate the First Amendment of the U.S. Constitution. In this article, our West Palm… Read More »
Want To Avoid A Partnership Dispute? Six Things That Should Be Addressed In Your Partnership Agreement
A legal dispute with a business partner can be costly. It can be time-consuming, expensive, and, perhaps worst of all, it could even destroy your business. The best way to avoid a partnership dispute is to ensure that you have a comprehensive and well-drafted partnership agreement. A partnership agreement should thoroughly address all of… Read More »
