Category Archives: Business Law
What is a Joint Venture?
There may come a time when your company has an opportunity to collaborate with another firm in order to work together to achieve a common commercial goal. In these cases, companies often form ‘joint ventures’ in order to most effectively complete their business objectives. At Pike & Lustig, LLP, our Miami business law attorneys… Read More »
Florida Business Law: What You Need to Know About Statutory Conversions
In order to thrive, a business needs the proper legal foundation. Legal form is an important thing for entrepreneurs to consider when creating a new company. Some businesses work best as a partnership, others as a limited liability company (LLC). You need the appropriate structure for your business. Of course, by nature, business is… Read More »
The Top Four Reasons Why Your LLC Needs an Operating Agreement
A Limited Liability Corporation (LLC) is one of the least complex and most flexible business structures available to entrepreneurs in Florida. It offers some of the advantages of a partnership, such as the ability to operate as a pass-through entity, and some of the benefits of a traditional corporation, such as liability protection. If… Read More »
Should I Include an Arbitration Clause in My Business Contract?
With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your business agreements. If your contract mandates arbitration, you will almost certainly… Read More »
What is the Corporate Opportunity Doctrine?
Corporate directors, officers, and controlling shareholders owe duties to their company and to the minority shareholders. Under the corporate opportunity doctrine, these representatives are legally prohibited from taking for themselves any business opportunity that could reasonably benefit the corporation. This is one aspect of the fiduciary duties of a corporate officer, and it is… Read More »
Four Things to Think About Before Going Into Business With Family
Many people go into business with their family members. In fact, according to data cited by the Family Firm Institute (FFI), approximately 50 percent of all U.S. companies are family businesses. On the one hand, running a family business is not much different than is running any other type business. The same basic rules… Read More »
Florida Appeals Court Vacates Award Calling for Attorneys’ Fees and Punitive Damages
On January 24th, 2018, Florida’s Fourth District Court of Appeal ruled in favor of the defendant (a real estate developer) in the case of DFG Group, LLC, et al. vs Heritage Manor of Memorial Park, Inc., et al. This appeal was centered around a jury award for attorneys’ fees and punitive damages. This decision… Read More »
What are the Benefits of Arbitration for a Business Law Dispute?
Arbitration is a form of alternative dispute resolution (ADR) in which the parties agree to settle their case outside of a traditional courtroom. This is done by going before a private arbitrator, who will hear the dispute and issue a binding decision. Arbitration is used to resolve many different types of legal issues, including… Read More »
The Top Seven Consumer Complaints in 2017
Unfortunately, consumer fraud remains a major problem in the state of Florida. On December 28th, the Florida Department of Agriculture and Consumer Services (FDACS) released its annual report on consumer fraud and consumer complaints. In 2017, the agency received more than 40,000 separate complaints from Florida consumers. Undoubtedly, this figure only represents a small… Read More »
The Ban on ‘Immoral’ and ‘Scandalous’ Trademarks Has Been Ruled Unconstitutional
Earlier this year, the Supreme Court of the United States struck down a regulation that banned disparaging trademarks. In a unanimous decision, the nation’s highest court determined that the USPTO’s ‘disparagement clause’ was in direct violation of the First Amendment. Now, following much the same logic, the United States Court of Appeals for the… Read More »
Four Tips for a Successful Business Partnership
If you are going into business with another person, you need to be sure that you have put the right structure in place for your business partnership. Unfortunately, in far too many cases, partnerships fail due to poor planning. At Pike & Lustig, LLP, we have extensive experience handling business law issues related to… Read More »
Florida Appeals Court Reverses Lower Court in Dispute Over a Noncompete Agreement
On November 17th, 2017, Florida’s Second District Court of Appeal decided the case of Salazar v. Hometeam Pest Defense, Inc. This dispute centered around the enforceability of a noncompete provision contained within an employment contract. While the lower court agreed to grant an injunction to the employer, the Second District Court of Appeal reversed… Read More »
Four South Florida Men Convicted in $25 Million Fraud Scheme
According to reporting from the Sun-Sentinel, four men from South Florida have been sentenced to prison for their role in a $25 million sweepstakes mailer fraud scheme. The men received sentences of varying length, with the longest sentence going to the man who was accused of being the lead preparator: Matthew Pisoni of Fort… Read More »
Florida Appeals Court Reverses Decision in Breach of Contract Dispute
On November 29th, 2017, Florida’s Third District Court of Appeal reversed a lower court decision in the case of Merco Group at Akoya, Inc. v. General Computer Services. This dispute involved the alleged breach of a business contract. The appeals court reversed the lower court’s decision on the grounds that the court had misapplied… Read More »
Miami Company Asks U.S. Supreme Court to Take up Copyright Case
On October 13th, 2017, Fourth Estate Public Benefit Corp., a journalism collective headquartered in Miami, Florida, filed a petition asking the Supreme Court of the United States to hear an appeal in its copyright law case. Specifically, the company wants the nation’s highest court to resolve a circuit split that currently exists in copyright… Read More »
What You Need to Know About the ‘Restore Online Shoppers Confidence Act’ (ROSCA)
Every year, a larger percentage of American commerce is done over the internet. This has led to the rise of a wide variety of different types of business models, including the re-emergence of subscription services. Indeed, it seems like web-based subscription services are everywhere nowadays. Though, sometimes these services are marketed to customers in… Read More »
Preparing for Business Mediation in Florida? Five Tips You Need to Know
If your Florida company is involved in a business dispute, mediation may be the best available option to seek a resolution. Mediation offers many potential benefits to businesses, including: considerable cost savings, overall efficiency, complete confidentiality, full control, flexibility and, importantly, a collaborative atmosphere that helps companies preserve commercial relationships. If your company is… Read More »
Florida Judge Rules Against Former College Basketball Coach in Contract Dispute
According to reporting from the Tallahassee Democrat, a circuit court judge located in Leon County, Florida, has ruled in favor of Florida A&M University (FAMU) in its contract dispute against its former head basketball coach Clemon Johnson. Mr. Johnson was fired by the University in early 2014 after serving as the school’s men’s basketball… Read More »
Florida Appeals Court Rules in Favor of Consumer in Motor Vehicle Fraud Case
On September 6th, 2017, Florida’s Second District Court of Appeal issued a ruling in the case of Landry v. Charlotte Motor Cars, LLC. This case centered around a dispute involving alleged fraud by a car dealership. Originally, a lower court had dismissed the fraud claim on the grounds that consumer had “spoiled” the evidence…. Read More »
Florida Appeals Court Reaffirms Power of Forum Selection Clause in Contracts
On September 6th, 2017, Florida’s Third District Court of Appeal released a decision in the case of Inspired Capital, LLC v. Conde Nast. The underlying dispute in the case centered on the applicability of a forum selection clause that was contained within a licensing agreement. Upon review, the court upheld the lower court’s ruling… Read More »
