Recent Blog Posts
If You’re Buying A Business, Don’t Forget About The Liabilities
When you buy a business, or are looking to buy a business, you probably give a lot of thought to the assets you are buying. Valuing the inventory, machinery, or accounts receivable of the purchased business are all common considerations. But what about liabilities? Many people buy businesses and give little thought about whether… Read More »
Pike & Lustig Attorneys Delivered $80 Million Verdict
Pike & Lustig attorneys Daniel Lustig and Robert C. “Burr” Johnson have just been delivered one of the largest verdicts in Palm Beach County history – $80 million. They represented the parents of a Lake Worth teenager killed by a truck while walking to school bus stop. The lawsuit was against the driver of… Read More »
It Just Got Easier To Have A Home Based Business
It used to be that if you wanted to run a business from your home, you had to worry about a number of laws, from permitting laws to zoning regulations, all which would have made your home based business illegal. But a new law in Florida is now going to make opening and operating… Read More »
The Differences Between A Loan And An Investment
You have a business project that will need funding. You go to a friend or a business associate, and they agree to help you with the project. Fast forward a few years later—the project was not as successful as planned. Your friend wants their money back, but you didn’t recall them ever loaning you… Read More »
Considerations To Include In Your Corporate Documents
Your corporate bylaws, operating agreements, or partnership agreements are the backbone of your business. They will tell you how various disputes will be handled. But often, people don’t look ahead to address things that could come up in the future. Of course, nobody has a crystal ball, and it’s impossible to account for every… Read More »
Drafting An Enforceable Arbitration Agreement
Whether it is a good idea or not to include an arbitration clause in your business contracts is an individual decision. You, along with your business law attorney, should consider your business, and weigh it against the pros and cons of arbitration, before making that decision. But once you’ve made the decision to require… Read More »
Will Your Case Get To Trial? Not If Summary Judgment Is Entered
When you file a business law case, you know you always have the option to settle the case. But if you don’t want to settle, your case will go to trial, where your case will be heard and decided by a judge or a jury. That is completely up to you, if you want… Read More »
Chewy.com Lawsuit Brings Up Unfair Competition Issues
In yet another example of how not to do business fairly and competitively, it seems that two online animal prescription companies are facing off in court over allegations of unfair competition. Once again, the lawsuit is a good example of the fine line between what can be fair and unfair competition. Two Veterinary Prescription… Read More »
Civil RICO Claims: How Are Treble Damages Calculated?
The federal Racketeer Influenced and Corrupt Organizations (RICO) Act and the Florida Racketeer Influenced and Corrupt Organizations (RICO) Act are laws that bar racketeering activity. While you often hear both statutes associated with criminal matters, both the federal RICO Act and the Florida RICO Act allow for the filing of civil lawsuits to seek… Read More »
Shareholder Dispute: Appraisal Actions
By definition, minority shareholders are in a less advantageous position than those with majority control. Unfortunately, minority stakeholders in a business are sometimes mistreated. Majority shareholders, corporate officers, and corporate directors may even abuse their position of power. Appraisal rights are among the most important tools that minority shareholders can utilize to ensure that… Read More »
Can I Sue A Business Partner For Breach Of Contract In Florida?
Contracts are at the basis of most important commercial relationships. Parties are expected to live up to their promises. A breach of contract can cause serious financial harm to you and your business. It can be especially frustrating (and damaging) if that breach of contract comes from one of your own business partners. This… Read More »
What To Know About ‘Demand Futility’ And Shareholder Derivative Lawsuits In Florida
As of January 1st, 2020, the State of Florida modified its procedural requirements for shareholder derivative lawsuits. Plaintiffs in these cases must establish demand futility before they can proceed with legal action. This raises an important question: What is demand futility in a shareholder derivative lawsuit? In this article, our Miami shareholder dispute attorneys… Read More »
What Is Distracted Driving?
According to the National Highway Safety Administration (NHTSA), distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe… Read More »
Court Revives Civil RICO Lawsuit Against Major Consulting Firm
According to reporting from Bloomberg Law, Jay Alix, of New York City based financial services company AlixPartners, received a favorable decision in a civil RICO case in a federal appeals court. The United States District Court for the Southern District of New York has revived Mr. Alix’s federal civil RICO lawsuit against McKinsey &… Read More »
Florida Regulators Warn Residents About Jury Duty Scam
On January 25th, 2022, the Office of Florida Attorney General Ashley Moody put out an official news release warning state residents to beware of a new jury duty scam. State officials believe that scammers are calling people in Florida and falsely telling them that they failed to show up for jury duty. Scammers then… Read More »
Amazon Sued For Price Fixing And Collusion
Online retailer Amazon recently found itself in trouble for a business practice that the Attorney General in the State of Washington alleged was illegal. The program has since been shut down, and although your business may not be as large as Amazon’s it’s still worth looking at, as a lesson to how careful businesses… Read More »
Understanding The Statute Of Limitations On Construction Lawsuits
There is no simple answer for what the Statute of Limitations is on construction litigation cases. Many of the classifications depend on the type of construction lawsuit you are filing, whether it be against a contractor, construction company or property owner. Florida Statute 95.11 breaks down the “Limitations other than for the recovery of… Read More »
Fact: Driving In South Florida Is Dangerous. Period.
You know driving in South Florida is pretty awful when Yahoo! News dedicates an entire article to how shockingly dangerous it is here. Borrowing from the Sun Sentinel, the piece dives in to what people who are either here to stay or are just here for the winter months need to know about “driving… Read More »
Don’t Let Your Employee Handbook Become A Binding Contract
As a general rule, it is a good idea to create and have an employee handbook and have employees agree to that handbook. The employee handbook clarifies everyone’s rights and responsibilities, and can protect you in the event an employee alleges that they were let go without reason. However, Florida is an at-will employment… Read More »
Examining A Real-Life Tragedy And Ridesharing Lawsuit
We’ve discussed what to do when your Uber driver, or other ride-sharing service, gets into an accident while you are a passenger. We advised that you should immediately have your physical condition assessed whether you feel injured or not. Even in a minor fender bender, it’s always important to seek medical assistance as you… Read More »
