Category Archives: Business Law
Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”
Connecticut-based Twin City Fire Insurance Co., an affiliate of the Hartford Financial Services Group, has filed a federal lawsuit in Florida denying any liability for former West Palm Beach lawyer Leonel R. Plasencia, who killed himself in 2017, allegedly before turning over settlement money owed to clients in a personal injury case. Michael J…. Read More »
Understanding Contract Law: What is an Integration Clause?
Contracts are at the foundation of modern business. Many companies rely on their commercial agreements. A well-drafted contract can be the difference between a successful, continued business relationship and a nasty dispute. Companies get into disputes over commercial agreements for a wide range of different reasons. In many cases, there is confusion over what… Read More »
South Florida Court Begins Hearing AirBnB Case; Lawsuit Will Test Law that Shields Tech Companies from Liability
On December 10th, 2018, a court in South Florida began hearing the opening arguments in a landmark case against the tech giant Airbnb. The lawsuit — which was filed by a Colorado-based real estate investment trust (REIT) called Aimco — challenges Airbnb’s ability to shield itself from being held liable for the content posted… Read More »
Former Burger King Employee Files a Lawsuit, Seeking Class-Action Certification
According to reporting from Forbes, a former Burger King cook named Jarvis Arrington has filed a lawsuit against the company. He is seeking class-action certification on behalf of every employee who has worked at any of the company’s franchise location from 2010 through 2018. The legal claim in this case centers around the anti-poaching… Read More »
The Florida Supreme Court is Set to Weigh in on the Legal Battle Over the Miami Beach Minimum Wage Law
In 2004, Florida voters went to polls and passed a state minimum wage increase, thereby setting the Florida minimum wage at a level that is higher than the federally mandated minimum wage. As of 2018, the federal minimum wage is $7.25 per hour, whereas Florida’s state level minimum wage is $8.25 — the highest… Read More »
Four Florida Men Indicted; Charged With Running Billion-Dollar Healthcare Fraud Scheme
According to reporting from the Associated Press, four Florida men, six Florida companies, and one Houston, Texas-based firm have been named in an indictment alleging that they collectively carried out a nearly $1 billion healthcare fraud scheme. In a press release, the United States Department of Justice (DOJ) states that tens of thousands of… Read More »
Popular Sparkling Water Brand La Croix Faces Lawsuit; Plaintiff Alleges that Ingredients are Not ‘All-Natural’
If you have entered virtually any grocery store in South Florida in the last few years, you have most likely seen displays selling the popular sparkling water ‘La Croix’. Fortune Magazine reports that the company’s sales are exploding, with revenue up by nearly 35 percent in the last two years. Young consumers have flocked… Read More »
Uber Agrees to Pay Florida $8.2 Million to Settle Large Data Breach Lawsuit
According to reporting from the Miami Herald, the State of Florida will receive $8.2 million as part of the nearly $150 million settlement that Uber reached with the 50 U.S. states. Uber is making these payments to settle a data breach claim that the individual states brought collectively against the ridesharing giant. The data… Read More »
Can You Be Held Personally Liable for Business Debt in Florida?
Starting, building, and growing a business is a great way to support yourself and your community. Of course, owning a business is not without its risks. As any business owner can tell you, not every opportunity works out as planned. It is crucial that Florida business owners know how to protect their rights and… Read More »
HHS and CMS are Considering Stark Law Reform
The ‘Stark Law’ refers to a collection of federal regulations that prohibit self-referral by physicians. Medical practice owners and operators must be aware of these regulations. Stark Law violations can come with severe penalties, potentially including denial of payment, heavy fines, and a permanent exclusion from participating in federally funded health programs (Medicare &… Read More »
Florida Contract Law: What is Reformation?
When a contract is breached, there may be several different remedies available to rectify the issues. In the vast majority of cases, the remedy for breach of contract is the payment of compensatory damages. The party that was financially harmed by the breach of contract can be awarded monetary relief to be placed back… Read More »
Florida Commercial Law: What is a Business Tort?
A business tort (also known as an economic tort) is a wrongful act that arises out of a business transaction or business relationship. If a company sustained significant financial losses as a result of the wrongful conduct of another party, that company may have a valid civil claim for damages. At Pike & Lustig,… Read More »
My Company is Being Defamed on Social Media: What are My Legal Options
In the business world, social media and online review websites are more important than ever. According to a recent survey cited by Small Business Trends, 97 percent of consumers say that they have read online reviews, and 85 percent of consumers state that they trust these reviews as much as they trust a personal… Read More »
Several South Florida Businesses Fined for Price Gouging During Hurricane Irma
Hurricane Irma hit South Florida hard back in the fall of 2017. According to reporting from the Miami Herald, the total damage caused by this storm was estimated at nearly $65 billion. Unfortunately, some businesses attempted to take advantage of this situation. On June 19th, WSVN 7News released the results of its investigation on… Read More »
Five Tips for First-Time Business Owners in South Florida
Starting a new business is exciting. You may be able to build something that can support your family and provide for your community for decades to come. Of course, building a new business can also be extremely challenging. To succeed in the business world, dedicated entrepreneurs must be ready to tackle these challenges. At… Read More »
Will the Supreme Court Decision Legalize the Sports Gambling Business in Florida?
On May 14th, 2018, the Supreme Court of the United States struck down the Professional and Amateur Sports Protection Act (PASPA). In a (7-2) decision the nation’s top court ruled in favor of New Jersey in the case of Murphy v. National Collegiate Athletic Association, determining that a federal law that prevented the state… Read More »
Four Things You Should Do Before You Sign a Business Contract
Contracts are the cornerstone of modern commercial relationships. A business that relies on well-crafted, properly executed agreements is a business that is far more likely to thrive in the current economic environment. Unfortunately, many Florida companies run into serious problems with their contracts. One of the biggest mistakes business owners and operators make involves… Read More »
Can an Unsigned Contract Be Enforced in Florida?
Most people have a general idea of what should show up on the last page (or the bottom) of a contract: each party will have to sign on the dotted line. Most contracts are signed by the parties in order to confirm that they are accepting the terms of the agreement. Whenever possible, individuals… Read More »
Florida Appeals Court Rules Against Shareholder in Fraud Case
On March 21st, 2018, Florida’s Fourth District Court of Appeals ruled against a minority shareholder in an appraisal rights case. In Shiva Stein v. BBC Capital Corp, et al, the plaintiff alleged that her shareholder rights were violated under Florida state law following the merger of two financial services companies. In this article, our… Read More »
Understanding the Basics of Contract Interpretation in Florida
In many cases, contract disputes arise over the meaning or implications of the terms in the agreement. Interpreting a contract is not always as simple as reading and applying the terms of the page. There are many complex issues that must be addressed. To the best of their ability, Florida courts attempt to determine… Read More »
