Category Archives: Business Litigation
Contract Law Basics in Florida: What is Consideration?
A contract is legally binding. It is formed when there is an offer, an acceptance, and, importantly, consideration by both parties. Without consideration, there is no enforceable contract in Florida. Here, our West Palm Beach business litigation attorney explains what consideration is, why it is important, and how it affects contract formation in Florida…. Read More »
Three Signs You Should Try to Mediate a Contract Dispute
In Florida, mediation is “is an informal and non adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement” (Florida Statutes § 44.1011). If you are locked in a contract dispute, mediation may be the best option to find a cost-effective, efficient solution. Here, our Miami business… Read More »
Starting a Partnership With a Spouse
If you are looking for a partner to start a business with, your first thought might be to start a business with your spouse. After all, you may (hopefully) already get along with and work well with your spouse, and he or she already may know the ins and outs of your possible business—as… Read More »
What is a Shell Company and What is it Used For?
Just the words “shell company,” create images of corruption, hiding assets, and furtive secretive motives. That’s largely from the movies and TV. While shell companies can, and have been, used to skirt the law, in reality and most of the time, shell companies have a legitimate business purpose. Why Use Shell Companies? Shell companies,… Read More »
The Use of the Lis Pendens in Business Litigation
When people buy property, they often do public record checks, to make sure that the owner of the property actually owns the property. When such a search is done, it may reveal a lis pendens. What is a Lis Pendens? A lis pendens is a document that is filed in the public records, that… Read More »
Eviction and Ejectment: What’s the Difference?
On the one hand, you know what a foreclosure is—when someone doesn’t pay a loan or mortgage on secured property the lender takes the property back and sells it pursuant to the terms of the mortgage. And you also likely know what an eviction is, when a tenant breaks a lease or isn’t complying… Read More »
Why Do Shareholder Derivative Lawsuits Get Filed?
When you have shareholders, and those shareholders become upset at the way the company is being governed, or at the decisions the company makes, those shareholders can file what is called a shareholder derivative lawsuit against the company. A derivative lawsuit is a shareholder, on behalf of all shareholders, who sues the company and… Read More »
Four Tips to Prevent Commercial Contract Disputes
No company wants to get stuck dealing with the time, cost, and stress of a contract dispute. While you cannot eliminate the risk, there are proactive steps that you can take that will dramatically reduce the odds of a disagreement over a commercial contract. At Pike & Lustig, LLP, we are committed to helping… Read More »
Supreme Court Changes Definition of “Adverse Employment Action”
In many employment discrimination cases including cases that allege retaliation and whistleblowing, the issue isn’t whether the employee was harassed or made to feel insignificant in some way. Instead, the issue is whether the employee actually had something bad happen to him or her at work—often called adverse employment actions. What is an Adverse… Read More »
Some Basics of Service of Process
In the United States, we have a constitutionally guaranteed right to due process. Although complex, two of the fundamental due process rights are notice and the opportunity to be heard. That’s why being served with lawsuits is so vital; a court cannot adjudicate your rights without you knowing that a court action exists, which… Read More »
Understanding Contracts of Adhesion
We tend to think that business contracts are the product of back and forth negotiation, where both sides hammer out language and terms that are mutually acceptable to them. While that can happen in many kinds of business agreements, often, there is a different kind of business contract: one that is truly a “take… Read More »
What is a Clawback Lawsuit and What if You’re Served With One?
Let’s say that your business gets a really great deal, on inventory, or a product, or piece of machinery, or a vehicle. It’s a really great deal—but you know that the seller is going through some financial troubles, so it makes sense that the seller may want to generate some quick cash. Or maybe… Read More »
How Long Do You Have to Sue a Design or Construction professional? It’s Not So Clear
In many construction projects, or improvements to real property there are a lot of professionals involved. These can include architects, engineers, and designers. And when something goes wrong, if you are the one who is harmed by professional malpractice, you certainly have the right to sue. But there is some conflict in the law,… Read More »
Understanding the Basics of Copyright Expiration
Recently a movie was released with the name, “Winnie the Pooh: Blood and Honey.” There is also talk of making a horror movie from the “Steamboat Willie” property, featuring Mickey Mouse. How is all of this possible? Aren’t these properties protected by copyright, and in these cases, owned by Disney? Copyright Expiration These kinds… Read More »
Using “As-Is” Clauses in Your Contracts
If you’re selling a product and want nothing to do with ensuring the product does what it’s supposed to do, one easy way to wash your hands of potential liability is through an as-is clause. But those two worlds don’t solve all legal problems, and you can still be on the hook if something… Read More »
Business Confidentiality and Protecting Trade Secrets When Divorce is Looming
During your marriage, you likely share a lot of information with your spouse, as you probably should. Some of that information may be private information about your business. In fact, your spouse may even work at or with or for your business, perhaps even in a higher level position, giving him or her access… Read More »
Two Big Changes Just Happened to Employment Law
Well, it finally happened: the government, through the Federal Trade Commission (FTC), finally and after much speculation, made the use of noncompete agreements, for the most part, illegal. Long Discussion Ends in a Ban This is not a new or unexpected change; the FTC had been debating outlawing noncompete agreements for the past year,… Read More »
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 »
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 »
