Category Archives: Business Law
Resolving Intra-Family Business Disputes
While resolving any dispute between business partners can be challenging, there is no doubt that intra-family business disputes are among the toughest. Any experienced business litigation attorney will tell you that intra-family business disputes can quickly become nasty, protracted and all around destructive. Not only can a drawn out family business dispute damage the… Read More »
Miami Beach Restaurant and Construction Firm Locked in Legal Dispute
According to reporting from The Real Deal, CBMIA, a company that is planning on opening up a new restaurant in Miami Beach, has filed a breach of contract lawsuit against its construction firm, U.S. Construction Corp. (USCC). In response, USCC has filed a countersuit that also alleges breach of contract. CBMIA blames USCC for… Read More »
Pike & Lustig Opens Miami Office
Pike and Lustig, LLP is proud to announce the opening of its Miami office! The firm’s new office is located at 777 Brickell Avenue, Suite 500 Miami, Florida, 33131.
Three Debt Relief Companies Have Been Fined and Shut Down for Defrauding Customers
On January 24th, 2017, the Federal Trade Commission (FTC) and the Florida Office of the Attorney General announced against sanctions against three debt relief companies. The companies, Consumers Assistance, LLC, Consumer Assistance Project, Corp, and Palermo Global, LLC, were fined a total in excess of $2.3 million. All three companies have also been permanently… Read More »
Selling Your Business? Why You Should Consult With a Lawyer
Not only is selling a business is a big decision, it is also a highly complex transaction. Indeed, a person who is buying or selling a business should move forward in the process only by first seeking guidance from an experienced business law attorney as well as an accountant. Here, we explain how a… Read More »
What is an Anticipatory Breach of Contract?
A breach of contract occurs when at least one party fails to fulfill obligations that were stipulated by a legally binding agreement. In most cases, a breach of contract happens the moment when one part of the contract is scheduled to be executed. If the contract is not actually performed at that time, a… Read More »
Two Florida Men Sentenced to Prison for Their Role in a $46 Million Fraud Scheme
Recently, the Reuters news service reported that Thomas Davanzo and Robert Fedyna were each sentenced to more than ten years in prison for their roles in a complex business fraud scheme. The two Florida men were responsible for a $46 million fraud that involved the sale of biofuel related federal energy credits. Victims of… Read More »
Florida Administrative Court Rules in Favor of Department of Corrections in Contract Dispute
According to reporting from the Palm Beach Post, a Tallahassee administrative law judge has ruled for the Florida Department of Corrections in a complex case involving a dispute over substance-abuse treatment service contracts. Bridges of America Inc. a private company that operates work release and drug rehabilitation centers in Orlando, brought the claim against… Read More »
Seminole Tribe Wins Contract Lawsuit Against State Government
Recently, the Sun-Sentinel reported that the Seminole tribe of Florida has prevailed in a contract litigation claim against the state. Specifically, the lawsuit pertained to the legality of offering blackjack and other table games at casinos. As a result of the decision by the federal judge in the case, the Seminole tribe will be… Read More »
Four Reasons Your Non-Compete Agreement Could Be Invalid In Florida
Many companies in Florida use non-compete agreements to help protect important confidential information relating to their business. When used properly, a non-compete contract is a very valuable legal too. However, all business owners and managers must understand that Florida courts will look at non-compete contracts with a skeptical eye. In fact, the terms of… Read More »
New Joint Employer Regulations Could Impact Franchise Owners
Who actually employs the workers at a franchised business? Certainly, the franchisee has a role as an employer, but does the franchisor? Recently, the Department of Labor (DOL) released new guidance on the role of the franchisor as a potential employer. This follows a decision made by the National Labor Relations Board (NLRB) last… Read More »
Florida Construction Liens: New Verdict Illustrates the Importance of Good Record Keeping and Timely Filing
Recently, the Florida Second District Court of Appeal released a decision in a construction lien case that originated out of a breach of contract dispute. After full payment was not received for work done in relation to a home renovation, a lien was placed against a homeowner’s property. However, a dispute quickly arose over… Read More »
How Can Your Florida Business Fight Cybersquatters
An online presence is a critical part of business in the modern world. For many businesses, this includes both an active social media presence as well as a functioning website. Of course, this means that your business will want to grab the best web address available. However, in many cases, your ideal domain name… Read More »
Florida Franchise Law and Encroachment Disputes
As a franchisee, the last thing you want is to be forced to compete with your own brand. For example, two Burger King locations would not do well if they were across the street from one and other. That location would likely not support both businesses. In order to be successful a franchise needs… Read More »
What is the Duty to Mitigate Contract Damages?
Consider the following scenario: company A and company B recently signed a $50,000 purchase agreement. The agreement stipulates that company A must deliver a certain product on the morning of January 1st. However, when company A shows up to make the delivery, a representative from company B states that they changed their mind and… Read More »
What are Subsidiary Companies?
A subsidiary company is any company that is majority owned and controlled by another firm. Many well known businesses and brands are actually subsidiaries. For example, PepsiCo, the multi-billion dollar snack and beverage giant, itself owns many other famous brands. In fact, in the late 1990s PepsiCo purchased the Florida founded brand Tropicana. Big… Read More »
Florida Franchisees: What You Need to Know About Royalty Payments
Royalty payments are a very common part of franchise agreements. In fact, most franchise agreements include some type of royalty fee arrangement. These arrangements will generally require the franchisee to pay a percentage of their sales revenue to the franchisor at prearranged intervals. In return the franchisor will generally provide some support to the… Read More »
What You Need to Know About Buying Out Your Business Partner
Eventually all business relationships come to an end. Businesses can break up for a wide variety of reasons; it may be that your business partner is retiring and leaving the field or it may simply be that you each have different visions for the future of the company. Regardless, when the time comes to… Read More »
What You Need to Know About Business Contingency Fee Arrangements in Florida
We all know that litigation can be extremely expensive. Many Florida businesses are deterred from litigating an issue simply because of the costs involved. After all, the idea that your company could potentially pour resources into a dispute, only to be left with no recovery is frightening. This is especially true for small and… Read More »
Are You Starting a New Business in Florida? Read This
There are few things more exciting than starting a brand new business. The possibilities are endless. After all, it has been reported that even major companies like Google, Apple, and Nike got their start in a garage. In order to set up a business that will be able to thrive, you need to give… Read More »
