Recent Blog Posts
Why Do Shareholder Derivative Lawsuits Get Filed?
When you have shareholders, and those shareholders become upset at the way the company is being governed, or at the decisions the company makes, those shareholders can file what is called a shareholder derivative lawsuit against the company. A derivative lawsuit is a shareholder, on behalf of all shareholders, who sues the company and… Read More »
How Do You Invoke a Mandatory Arbitration Clause in a Contract Dispute?
Many contracts have mandatory arbitration provisions. These clauses allow parties to force arbitration if a dispute arises over the agreement. This raises an important question: How do you compel arbitration in a contract dispute? The short answer is that you can get a court order if your counterparty refuses to willingly cooperate with the… Read More »
Four Tips to Prevent Commercial Contract Disputes
No company wants to get stuck dealing with the time, cost, and stress of a contract dispute. While you cannot eliminate the risk, there are proactive steps that you can take that will dramatically reduce the odds of a disagreement over a commercial contract. At Pike & Lustig, LLP, we are committed to helping… Read More »
Firefighter Pension Fund in Florida Reaches Multi-Million Dollar Shareholder Lawsuit Settlement With Investor Carl Icahn
In May of 2024, Bloomberg Law News reported that a firefighter pension fund in Florida has reached a multi-million dollar settlement of a shareholder lawsuit involving famed billionaire investor Carl Icahn. The settlement agreement brings an end to a multi-year shareholder derivative lawsuit involving the Xerox Corp. takeover of HP Inc. Here, our West… Read More »
Supreme Court Changes Definition of “Adverse Employment Action”
In many employment discrimination cases including cases that allege retaliation and whistleblowing, the issue isn’t whether the employee was harassed or made to feel insignificant in some way. Instead, the issue is whether the employee actually had something bad happen to him or her at work—often called adverse employment actions. What is an Adverse… Read More »
Some Basics of Service of Process
In the United States, we have a constitutionally guaranteed right to due process. Although complex, two of the fundamental due process rights are notice and the opportunity to be heard. That’s why being served with lawsuits is so vital; a court cannot adjudicate your rights without you knowing that a court action exists, which… Read More »
Understanding Contracts of Adhesion
We tend to think that business contracts are the product of back and forth negotiation, where both sides hammer out language and terms that are mutually acceptable to them. While that can happen in many kinds of business agreements, often, there is a different kind of business contract: one that is truly a “take… Read More »
Courts Will Use “Industry Standards” to Resolve Vague Terms in Contracts in Florida
Disputes over a contract can arise for a wide range of different reasons. Vague terms within an agreement can lead to parties running into problems. In Florida, courts can look to “industry standards” to resolve disputes over contract terms that are genuinely vague. Here, our Miami commercial litigation lawyer explains the key things to… Read More »
Can a Contract Be Formed Through Silence in Florida?
A contract is a legally binding agreement. In Florida, a contract is formed through an offer and acceptable. You may be wondering: Is it possible to form a binding contract through silence? The short answer is that silence is generally not sufficient to form an enforceable contract—however, there are some limited exceptions. Here, our… Read More »
University of Florida Head Football Coach Sued for Breach of Contract
On May 10th, 2024, NBC News reported that University of Georgia Quarterback Jaden Rashada has filed a breach of contract lawsuit against Billy Napier—the head football coach for the University of Florida (UF)—over a failed Name, Image, and Licensing (NIL) deal. Here, our Miami commercial litigation attorney provides a more comprehensive overview of the… Read More »
What is a Clawback Lawsuit and What if You’re Served With One?
Let’s say that your business gets a really great deal, on inventory, or a product, or piece of machinery, or a vehicle. It’s a really great deal—but you know that the seller is going through some financial troubles, so it makes sense that the seller may want to generate some quick cash. Or maybe… Read More »
Florida Second in Country in Elder Financial Fraud: $180 Million in Confirmed Losses in 2023 Alone
On May 14th, 2024, NBC 6 South Florida reported that our state has the dubious distinction of being home to the second highest total amount of elder financial fraud in the entire country. Notably, the Federal Bureau of Investigation Internet Crime Complaint Center (ICCC) reports that elder financial fraud nationwide spiked 14 percent nationwide… Read More »
Supreme Court Hears Oral Arguments in Complex Business Dispute Over Shareholder’s Life Insurance Policy
The Supreme Court of the United States recently heard oral arguments in a complex tax dispute over a shareholder’s life insurance policy. The case, Connelly v. Internal Revenue Service, centers around whether federal tax liability was properly assessed against a shareholder’s estate after a buyback. The decision of the court could have major implications… Read More »
Partnerships in the Real Estate Industry: What is a Lis Pendens?
South Florida has one of the most dynamic real estate markets in the entire country. Are you a partnership that is invested in real estate? It is crucial that you have an understanding of the laws and regulations that could affect your business. A key thing to be aware of is whether properties you… Read More »
How Long Do You Have to Sue a Design or Construction professional? It’s Not So Clear
In many construction projects, or improvements to real property there are a lot of professionals involved. These can include architects, engineers, and designers. And when something goes wrong, if you are the one who is harmed by professional malpractice, you certainly have the right to sue. But there is some conflict in the law,… Read More »
Understanding the Basics of Copyright Expiration
Recently a movie was released with the name, “Winnie the Pooh: Blood and Honey.” There is also talk of making a horror movie from the “Steamboat Willie” property, featuring Mickey Mouse. How is all of this possible? Aren’t these properties protected by copyright, and in these cases, owned by Disney? Copyright Expiration These kinds… Read More »
Using “As-Is” Clauses in Your Contracts
If you’re selling a product and want nothing to do with ensuring the product does what it’s supposed to do, one easy way to wash your hands of potential liability is through an as-is clause. But those two worlds don’t solve all legal problems, and you can still be on the hook if something… Read More »
Business Confidentiality and Protecting Trade Secrets When Divorce is Looming
During your marriage, you likely share a lot of information with your spouse, as you probably should. Some of that information may be private information about your business. In fact, your spouse may even work at or with or for your business, perhaps even in a higher level position, giving him or her access… Read More »
Two Big Changes Just Happened to Employment Law
Well, it finally happened: the government, through the Federal Trade Commission (FTC), finally and after much speculation, made the use of noncompete agreements, for the most part, illegal. Long Discussion Ends in a Ban This is not a new or unexpected change; the FTC had been debating outlawing noncompete agreements for the past year,… Read More »
