Recent Blog Posts
An Overview Of Shareholder Rights In Florida
Are you a minority shareholder of a company in Florida? If so, it is crucial that you know your rights under state law. Shareholder rights help to ensure that the best interests of minority shareholders are properly protected by majority stakeholders and the officers/directors of the company. In this blog post, our Miami shareholder… Read More »
Who Has Standing To File A Federal Civil RICO Lawsuit?
Not everyone has the right to have their case heard in court. A plaintiff must first establish that they have “standing” in order to be eligible to pursue their legal claim. In the legal context, standing is simply the capacity to bring a particular lawsuit in court. In this blog post, our Miami RICO… Read More »
Dispelling Three Of The Most Common Myths About Shareholder Derivative Lawsuits
As a shareholder, your interests matter. You can take legal action if your rights have been violated. There are two types of shareholder lawsuits: Derivative claims and direct claims. The Cornell Legal Information Institute defines a shareholder derivative suit as “a lawsuit brought by a shareholder on behalf of a corporation.” There are many… Read More »
Partnership Law: Can A Partnership Exist Without A Formal Agreement In Florida?
Business partners should always have a formal, written agreement that has been drafted and reviewed by an attorney. This raises an important question: Can a business partnership be formed in Florida with a written agreement? The answer is ‘yes’—if you act like you are in a business partnership, you may have formed one even… Read More »
Revisiting One Of The Most Famous Personal Injury Lawsuits: 1994 McDonald’s Hot Coffee Is Too Hot
The McDonald’s hot coffee lawsuit is one of the most famous personal injury cases because back then, suing for hot coffee being too hot seemed idiotic to most people. The story most of us know is that in the early 90s, while driving in her car, a woman was holding McDonald’s coffee between her… Read More »
THC Makers, Candy Manufacturers, Fight Over Intellectual Property Infringement
If you made or created a food product, you would probably know better than to design your packaging exactly like a Snickers Bar, a Doritos Bag, a Nestle candy bar or some other well known and protected brand. But in the rising THC industry, many companies have done just that, leading to copyright and… Read More »
What To Know About The Florida Department Of Highway Safety And Motor Vehicles’ Put It Down: Focus On Driving Campaign
As part of Distracted Driving Awareness Month, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has announced its Put it Down: Focus on Driving, also known as “U Drive. U Text. U Pay. National Enforcement Mobilization”. The FLHSMV has partnered with law enforcement and other agencies to educate Floridians about the importance of… Read More »
Avoiding Ambiguity In Your Contracts And Agreements
If there is one mortal enemy to enforceable contracts, it’s ambiguity, or vague terms. The first thing that someone will try to do when they are sued for breaching a contract is to try to argue that a term or condition of the contract is unenforceable because it is vague. There are ways that… Read More »
Bridge Reopening In Delray Beach, Fla.
Nearly two months after the drawbridge at George Bush Boulevard in Delray Beach got stuck in the upright position, it finally was reopened on Friday, April 29, 2022. As the Sun Sentinel reports, the bridge remained in the upright position since March 3 when it opened for boat traffic and then became stuck. Engineers… Read More »
Dog Bite Accident Turns Criminal After Victim’s Arms Amputated
Dog bites are truly tragic events, both for the victims and for the dogs and their families. Unfortunately, dog bites are also one of the most common personal injury lawsuits. The question is, when does injury from a dog attack become more than a mistake? When does a dog attack become more than just… Read More »
Can You Be Sued For Discrimination On The Basis Of Sexual Orientation?
Most of us know that it is illegal to discriminate in the workplace based on gender, sex, race, religion, disability and a host of other factors. But what about gender identity, or sexuality? Can someone sue, saying they were fired, or that they weren’t hired, because they are LBGTQ? Harassment is Almost Always Illegal… Read More »
April Is National Alcohol Awareness Month
Car accidents are one of the most common personal injury law cases. Whether it be a simple rear-ender or something much more serious, injuries can be sustained in any automobile accident ranging from minor to major. Unfortunately, in the state of Florida, 26% of fatal car accidents are caused by drunk driving. Therefore, it’s… Read More »
April Is Distracted Driving Awareness Month
New NSC estimates show that roads today are the most dangerous they’ve been in years. On a typical day, eight people are killed and hundreds more are injured in distraction-affected crashes. Because April is Distracted Driving Awareness Month, let’s go over what distracted driving is and how to prevent it. What Is Distracted Driving? According… Read More »
Do You Need A Time Is Of The Essence Clause In Your Business Contracts?
You hear it all the time in contracts: Time is of the Essence. But what does that actually mean, and is it really necessary to include in your business contracts? Why Are They Necessary? In many kinds of contracts, parties must perform their contractual obligations within a reasonable period of time if there are… Read More »
Avoiding Deceptive Trade Practices Lawsuits
Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful tool for consumers to protect themselves from unscrupulous business practices. But from a business standpoint, the law can seem overbroad, all-encompassing, and impossible to avoid running afoul of. If you are a business, how do you protect yourself from being sued under the… Read More »
Should You Use Or Sign A Non-Disparagement Clause?
When you settle a case, it’s expected that you will sign a settlement agreement. That settlement agreement will likely contain a confidentiality clause. What you may not expect to be in that agreement, but what may be there, is a non-disparagement clause. What is a Non-Disparagement Clause? A non-disparagement clause is a clause that… Read More »
Florida Appeals Court Overturns Awards Of Attorneys’ Fees In FDUTPA
On March 22, 2022, the Florida Fourth District Court of Appeal overturned a trial court decision that had awarded attorneys’ fees to a defendant in an FDUTPA claim. In the case of Forte v. All County Towing Inc., the appeals court sent the matter back down to the trial court for a comprehensive evidentiary… Read More »
Major BioTech Company Faces Lawsuit For Alleged Civil RICO Violations
On April 4th, 2022, a health insurance company in New Jersey filed a civil RICO lawsuit against Regeneron Pharmaceuticals, a biotechnology company based in New York State (Horizon Healthcare Services, Inc .D/B/A Horizon Blue Cross Blue Shield of New Jersey v. Regeneron Pharmaceuticals, Inc.) The lawsuit alleges a corruption scheme related to Eylea macular… Read More »
Twitter Shareholder Files Lawsuit Against Elon Musk
In early April, Tesla and SpaceX CEO Elon Musk announced that they obtained a 9.2 percent stake in Twitter, making him the social media giant’s single largest shareholder. Since that time, there has been some major conflict between Mr. Musk and Twitter’s Board of Directors. Mr. Musk is now reportedly amassing an offer to… Read More »
Is Your Business Violating Copyright Laws On YouTube?
Does your business rely on YouTube? You can’t sell anything directly on YouTube, but for many businesses, YouTube drives sales, promotions, and is the lifeblood of communication between the business and the general public. If you are on YouTube, you need to be aware of potential intellectual property (IP) problems that go along with… Read More »
