Category Archives: Business Litigation
Recognizing and Avoiding Self Dealing
As a high level officer or owner of a company, you have a lot of protections to keep from getting sued from those that you have a duty to protect, such as company members or shareholders. You have room to defend yourself, and argue that what you allegedly did was done in good faith… Read More »
Seemingly Innocent Job Interview Questions That Can Get You Sued
An initial job interview with an applicant for a position with your business can seem like a harmless process. After all, it’s just a fact finding mission, and a chance to evaluate a potential hire. What could go wrong, other than possibly not hiring the right person? It turns out, for an employer, a… Read More »
Finding Hidden Assets to Collect Your Judgment
If you have a business dispute, or when you are loaning money to someone, one of the biggest questions that you may have is whether or not this person or business will have the assets necessary to actually pay you should you successfully sue and win. The bad news is that there is no… Read More »
You Were Defaulted and Have a Judgment Against You: Now What?
Imagine you are at your business, or at wherever your business headquarters may be. All of the sudden, you open your mail or email, and see that there has been a default judgment entered against you. You now owe money—perhaps a lot of money—to someone who sued you. Except there’s one problem: you never… Read More »
Appeals: What Are They and What Can You Expect?
If you go to trial, and you win or lose, you may assume that the case is over, and finally settled. But think again. Because after a trial, you could face the prospect of an appeal. What is an Appeal? An appeal is a process where one party to a lawsuit takes the case… Read More »
Don’t Get In Trouble Paying Commission Based Employees
Many business owners are aware of their obligation under the Fair Labor Standards Act (FLSA) to pay workers overtime, for any hours they work that exceed 40 hours per week—and of course, of the obligation to pay at least minimum wage for hours worked less than 40 hours per week. But the reality is… Read More »
Chevron Deference May be Gone: What Does That Mean?
With all the news about recent Supreme Court decisions, there is one that isn’t getting as much attention, but which may have a larger effect on you and your business: It’s a case called Loper Enterprises and the case struck down what is known as Chevron deference. A Primer on US Government To understand… Read More »
Partnership Agreement? Don’t Forget These Provisions
You’ve probably read it before: if you’re starting a partnership, make sure you have a partnership agreement. But just having an agreement isn’t enough. You want to make sure that what’s in that agreement thoroughly protects you and covers all the issues that it needs to cover. Here are some things that should be… Read More »
Jurisdiction and Choice of Law: What’s the Difference?
Many people when they draft contracts give little thought to what law will apply to the contract, should it have to be enforced or interpreted by a court. But choice of law provisions can be very helpful to your business, especially if you do business nationwide. What is a Choice of Law Provision? As… Read More »
Who Can Sign Your Business Contracts? It Could be Anybody if You’re Not Careful
In a larger business, contracts are signed all the time. But with multiple employees, including corporate officers, who in the company can actually sign a contract for and on behalf of the company, binding the company? It isn’t unusual for an owner or CEO or some other higher level executive, to learn that a… Read More »
Using Copyrighted Music to Train AI: Is it Infringement?
Taking someone’s music and using it for yourself, is copyright infringement. Most people know that. But there’s a new frontier in the fight over what is and what is not infringement: Artificial Intelligence. Music as AI Training Clearly, it’s infringement if AI uses something that’s copyrighted. But a recent lawsuit asks the question of… Read More »
How to Address Dispute Resolution in an Operating Agreement for a Multi-Member LLC
A limited liability company (LLC) is a business entity that combines some of the advantages partnerships and traditional corporations. While not a requirement under Florida law, multi-member LLCs should always have a properly drafted operating agreement in place. Further, that agreement should include provisions for addressing dispute resolution. Within this article, our Palm Beach… Read More »
Copyright Fair Use: Know the Basics
Have you ever heard of or seen someone else use what you know is copyrighted material, and yet, you’re pretty certain they didn’t pay for or get permission to use that material? One way that they may be doing that is through what is known as the fair use doctrine. But be careful—there is… Read More »
Attorney, Advocate and Counselor: How Each Role Helps Your Business
When you think of needing or hiring an attorney, you know your attorney is on your side, but you probably think of your business lawyer more as an expense, than as a business partner, with the goal to save you money, or keep your business running smoothly. But although you may think of your… Read More »
How to Get Certified as a Class for a Class Action Lawsuit
Class action lawsuits can be a savior or a plague, depending on what side of the fence you are on. For consumers and many individuals, class actions are a way of getting compensation for losses that otherwise may not be worth the time and effort of pursuing individually. For businesses on the wrong end… Read More »
Multi-Member LLCs in Florida: The Importance of an Operating Agreement
A limited liability company (LLC) is a business structure that blends some of the advantages of both partnerships and traditional corporations. A multi-member LLC is simply a business with two or more owners. In Florida, an LLC can technically have an unlimited number of owners. While not mandatory under the law, it is crucial… Read More »
Shareholders: What Records Can They Legally Review?
If you are a business with shareholders, you probably think of those shareholders as investors—and that’s what they are. But they aren’t only investors. They also have rights, in connection with their investment. When shareholders ask to assert their rights—particularly the right to review or look at corporate documents or information—you may have questions… Read More »
When Can a Nonbreaching Party Get Out of Performing Under a Contract?
Imagine this scenario: You have a contract, say, with a contractor that is supposed to do work with your company. But the contractor doesn’t do the work that it was supposed to do. As a result, you don’t pay. And then you get sued for nonpayment. Your obvious defense: the contractor didn’t perform so… Read More »
Dealing With LLC Members Who Disagree, or Who Aren’t Pulling Their Weight
In an LLC you may have a number of managing members or managers, and whenever you have a business structure with multiple chiefs, there is always the chance of dispute or conflict. Even if there isn’t a dispute over a particular issue, sometimes there is the feeling that a manager just isn’t carrying his… Read More »
Three Key Limitations on Damages in Breach of Contract Claims in Florida
Through a breach of contract claim in Florida, a non-breaching party can pursue financial compensation for its damages. At Pike & Lustig, LLP, we represent both plaintiffs and defendants in breach of contract cases. Our commercial law firm helps clients navigate breach of contract disputes. Here, our Miami breach of contract attorney highlights three… Read More »
