Recent Blog Posts
Pros and Cons of Getting an Early Right to Sue Letter from the EEOC
If you have an employment discrimination claim, the government will require that you file that claim with the Equal Employment Opportunity Commission (EEOC) first, before you can just jump right into court. But what a lot of employees don’t know is that there is a way to speed up this process. Time Limits By… Read More »
Florida Regulators Crack Down On “SunPass Scams”
On May 10th, 2024, The Palm Beach Post reported that Florida regulators are cracking down on so-called “SunPass scams.” Within the last few days, ten different websites targeted consumers in our state have been shut down by authorities. These websites were used to send unsuspecting people fraudulent SunPass toll violations. Here, our Palm Beach… Read More »
Federal Appeals Court Rules in Favor of NBA Star Zion Williamson in Contract Dispute With Florida-Based Agent
On May 7th, 2024, News Observer reported that a federal appellate court has ruled in favor of NBA star Zion Williamson in a five-year long breach of contract case. The court determined that Mr. Williamson is not liable for breaching a contract with a Florida-based agent because that alleged agreement was never valid in… Read More »
The Three Most Common Grounds on Which a Shareholder Derivative Claim Can Be Dismissed
A shareholder derivative lawsuit is a legal claim filed by a shareholder or group of shareholders on behalf of the corporation itself. It is often but not always filed against the company’s officers, directors, or another key insider. When a shareholder derivative lawsuit is filed, corporate leaders typically move for an immediate dismissal. Here,… Read More »
Accepting Late Rent Could Hurt Your Legal Position
Let’s say that you rent property to someone else. Maybe you’re a landlord of residential or commercial property. Hopefully, your tenants pay on time, but sometimes, problems happen, and the payment is late, or doesn’t show up at all. Should You Work it Out? On the one hand, you want to work with tenants—kicking… Read More »
Using a Temporary Director on Your Board of Directors
You likely know that your Board of Directors will have to vote on matters concerning the company. What matters they will vote on and when, depend on your corporate documents, such as your bylaws. But when it comes time to vote, they will have to make the decision. How Many Directors? If you have… Read More »
The Board of Directors’ Role in a Non-Profit Organization
In a traditional for-profit company, a Board of Directors is there for one primary reason: to safeguard the interests of the shareholders. Of course, the shareholders’ interest is in maximizing the value of their shares, and thus, in ensuring that the company operates as profitably as possible. But while the motivation to maximize profit… Read More »
Was Your Company the Victim of a Breach of Contract? Five Things to Do Before Filing a Lawsuit?
Did your company suffer losses as a consequence of a breach of contract? If so, you may be considering filing a lawsuit against the breaching party. While litigation is necessary in some cases, it is important to emphasize that it is not always the best approach. There are some steps to take before heading… Read More »
Consumer Fraud Watch: Miami Metro Area Leader in Identity Fraud
Recently, Consumer Affairs released a comprehensive report on identity theft. Alarmingly, the organization found that identity theft is up nearly 400 percent over the last two decades. The Miami metropolitan area has the dubious distinction of being the leader in identity theft nationwide. Within this article, our Miami FDUTPA lawyer discusses the report and… Read More »
Shareholder Lawsuit Allegations: Hedge Fund Improperly Benefited from Buybacks
As reported by Bloomberg Law News, a large hedge fund that benefited from an Avis stock buyback is being accused of obtaining improper advantages at the expense of other shareholders. The company is now facing shareholder litigation. Specifically, the plaintiffs contend that the hedge fund constructed a buyback scheme to get a controlling share… Read More »
Were You the Victim of a Bait-and-Switch in Florida? Know Your Rights
For consumers, there are few things more frustrating than discovering that the business that you are working with cannot be trusted to treat you fairly. A bait-and-switch is an all-too-common example of an unscrupulous business practice. If you were the victim of a bait-and-switch, you may have a claim for compensation through the Florida… Read More »
Should I Form a Partnership or a Multi-Member LLC?
To reach its full potential, a business needs to be set up properly. Among other things, it means selecting the right entity for your company. You may be wondering: Should I operate my new business as a partnership or a multi-member LLC? The answer depends on some case specific factors, including the type of… Read More »
Can I Rescind a Business Contract?
Did your business recently enter a contract? Are you having second thoughts about the terms of the agreement? You may be wondering: Can I rescind a business contract? The answer is “it depends.” While Florida law provides a limited short-term rescission right for certain types of agreements, the contract itself will largely determine if… Read More »
How Much Do Tipped Employees Need to be Paid?
If you have a business where many of your employees are paid by tipping, you need to understand how federal law, specifically the Fair Labor Standards Act (FLSA), treats tipped employees. There are some detailed rules about what employers can and cannot do, and even if you generally understand how the FLSA works with… Read More »
Price Fixing, Collusion and the Realtor’s Settlement: There’s a Lesson to be Learned
You may not give much thought to collusion, the act of working with your competitors to fix or agree on prices. But collusion is illegal, and can get you sued, whether by consumer or by the government, as the recent lawsuit related to realtors’ commissions demonstrates. Realtor’s Settlement As you may know from buying… Read More »
IP Licensing Agreements: The Basics
Could your business make money by using licensed characters or intellectual property (IP)? Imagine sports teams, sci-fi and movie characters, or TV characters, adorning your product or your website or on the items you sell. Instant recognition and popularity can translate into sales. The problem of course is that you don’t own any of… Read More »
Can You Sue a Car Dealership for Misrepresenting a State of a Used Vehicle?
Purchasing a used car can be stressful. While most consumer advocates agree that a good used car offers a better value than a brand new car, there is also a significantly higher risk of something going wrong. This raises an important question: Can you sue a used car dealership for making material misrepresentations about… Read More »
Disney Locked in Contract Dispute With Former General Contractor
According to a report from Florida Politics, the state’s largest and most prominent corporation—Disney—is locked in a contract dispute with the former general contractor for its massive Walt Disney World hotel renovation project. The protracted contract dispute over the problematic construction project is currently set for trial starting on April 22nd, 2024 in a… Read More »
Tesla Seeks to Revive Compensation Package for Elon Musk (Previously Blocked By Judge)
On April 18th, 2024, the New York Times reported that Tesla is seeking to revive the approximately $56 billion compensation package for Chief Executive Officer (CEO) Elon Musk. The package was voided earlier this year by a Delaware Chancery Court after a shareholder dispute was filed. Here, our West Palm Beach shareholder dispute attorney… Read More »
Could Non Compete Agreements be Going the Way of the Dinosaur?
With some exceptions and with a good number of restrictions and limitations, Florida allows employers to require employees and others, such as contractors or vendors, to sign non compete agreements. But many states do not—and the current trend is that the United States government may, one day, make these kinds of agreements completely illegal…. Read More »
