Recent Blog Posts
Under Armour Will Pay More than $400 Million to Resolve Shareholder Lawsuit Over Sales Disclosures
On June 22nd, 2024, CNN reported that Under Armour—the Baltimore, Maryland based sportswear company—has agreed to pay approximately $400 million to resolve a shareholder lawsuit over alleged improper sales-related disclosures. Here, our Miami shareholder litigation lawyer discusses the allegations, the legal issues, and the settlement agreement in more detail. Background: Shareholder Allege Under Armour… Read More »
How to Prepare for Mediation With a Business Partner in Florida
Are you trying to navigate a dispute with a business partner? Mediation can be an effective option for alternative dispute resolution (ADR). Before you enter partnership mediation, you need to be properly prepared. In this article, our Miami partnership dispute lawyers provide an overview of the key things to know about getting prepared for… Read More »
Know the Basics: The Four Key Elements of a Breach of Contract Claim in Florida
The breach of a contract can cause serious financial distress to the non-breaching party. You have the right to take legal action to seek a remedy—usually financial compensation—to account for a contract breach in Florida. When you bring a civil legal claim, you have the obligation of proving every required element. At Pike &… Read More »
Where Should a Shareholder File a Lawsuit?
Are you a shareholder who is considering taking legal action against a corporation? Whether you are considering filing a direct action or a derivative action, it is crucial that you understand the appropriate venue for your case. At Pike & Lustig, LLP, we have deep experience with shareholder law. Here, our Miami shareholder dispute… Read More »
Shareholders: What Records Can They Legally Review?
If you are a business with shareholders, you probably think of those shareholders as investors—and that’s what they are. But they aren’t only investors. They also have rights, in connection with their investment. When shareholders ask to assert their rights—particularly the right to review or look at corporate documents or information—you may have questions… Read More »
When Can a Nonbreaching Party Get Out of Performing Under a Contract?
Imagine this scenario: You have a contract, say, with a contractor that is supposed to do work with your company. But the contractor doesn’t do the work that it was supposed to do. As a result, you don’t pay. And then you get sued for nonpayment. Your obvious defense: the contractor didn’t perform so… Read More »
Dealing With LLC Members Who Disagree, or Who Aren’t Pulling Their Weight
In an LLC you may have a number of managing members or managers, and whenever you have a business structure with multiple chiefs, there is always the chance of dispute or conflict. Even if there isn’t a dispute over a particular issue, sometimes there is the feeling that a manager just isn’t carrying his… Read More »
Defenses to Tortious Interference with Contract Claims
In Florida, when two parties have a contract to do some kind of business with each other, it is illegal to interfere with that contract. Doing that can end up getting you sued for what is known as tortious interference with the contract. The Elements of the Tort Interrupting, disrupting, or inducing or causing… Read More »
Whistleblowing When There is a Confidentiality Agreement or NDA in Place
Under the False Claims Act (FCA), an employee or other officer of the company can report illegal activity by the company to the government, and can do so safely and with legal protections. In some cases, the whistleblower may even be able to share in whatever financial recovery the government receives as a result… Read More »
Due Diligence When Buying a Business: What Does it Entail?
Let’s say that you are buying a company, or an already existing business. You’re probably savvy enough to know already, that you need to do your due diligence. And you may even know what due diligence is. But what does due diligence actually entail—that is, when you do your due diligence, what are you… Read More »
Four Reasons Why Business Should Use Well-Drafted Vendor/Supplier Contracts
Does your company work with vendors and/or suppliers? If so, it is imperative that your business has well-drafted contracts. At Pike & Lustig, LLP, we draft, negotiate, and review vendor and supplier contracts. Within this blog post, our Miami commercial litigation attorney highlights four reasons why all companies in Florida need to use well-drafted… Read More »
Florida Regulators Settle Talcum Powder Case With Johnson & Johnson for $700 Million (Deceptive Marketing)
On June 12th, 2024, NBC News reported that Florida regulators (along with dozens of other states) have reached a $700 million settlement with Johnson & Johnson. The state found that the multi-national company engaged in unlawful deception by failing to warn consumers about the health and safety risks associated with its talcum powder products…. Read More »
Elon Musk Faces Another Shareholder Lawsuit; Sued By Tesla Shareholders Over Rival AI Company
According to a report from TechCrunch, Elon Musk is embroiled in yet another shareholder lawsuit. In this case, a group of Tesla shareholders alleged that Mr. Musk’s start-up artificial intelligence (AI) company X.AI Corp. (xAI) represents a conflict of interest. Specifically, he is accused of diverting resources from Tesla. Here, our Miami shareholder litigation… Read More »
Three Key Limitations on Damages in Breach of Contract Claims in Florida
Through a breach of contract claim in Florida, a non-breaching party can pursue financial compensation for its damages. At Pike & Lustig, LLP, we represent both plaintiffs and defendants in breach of contract cases. Our commercial law firm helps clients navigate breach of contract disputes. Here, our Miami breach of contract attorney highlights three… Read More »
Contract Law Basics in Florida: What is Consideration?
A contract is legally binding. It is formed when there is an offer, an acceptance, and, importantly, consideration by both parties. Without consideration, there is no enforceable contract in Florida. Here, our West Palm Beach business litigation attorney explains what consideration is, why it is important, and how it affects contract formation in Florida…. Read More »
Three Signs You Should Try to Mediate a Contract Dispute
In Florida, mediation is “is an informal and non adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement” (Florida Statutes § 44.1011). If you are locked in a contract dispute, mediation may be the best option to find a cost-effective, efficient solution. Here, our Miami business… Read More »
Starting a Partnership With a Spouse
If you are looking for a partner to start a business with, your first thought might be to start a business with your spouse. After all, you may (hopefully) already get along with and work well with your spouse, and he or she already may know the ins and outs of your possible business—as… Read More »
What is a Shell Company and What is it Used For?
Just the words “shell company,” create images of corruption, hiding assets, and furtive secretive motives. That’s largely from the movies and TV. While shell companies can, and have been, used to skirt the law, in reality and most of the time, shell companies have a legitimate business purpose. Why Use Shell Companies? Shell companies,… Read More »
The Use of the Lis Pendens in Business Litigation
When people buy property, they often do public record checks, to make sure that the owner of the property actually owns the property. When such a search is done, it may reveal a lis pendens. What is a Lis Pendens? A lis pendens is a document that is filed in the public records, that… Read More »
Eviction and Ejectment: What’s the Difference?
On the one hand, you know what a foreclosure is—when someone doesn’t pay a loan or mortgage on secured property the lender takes the property back and sells it pursuant to the terms of the mortgage. And you also likely know what an eviction is, when a tenant breaks a lease or isn’t complying… Read More »
