Category Archives: Commercial Litigation
Proposals for Settlement: Getting Attorneys Fees When You Otherwise Can’t Get Them
The American rule states that the winning party in a lawsuit doesn’t automatically get its attorneys fees just for being the winner. Rather, there must either be a contract providing for prevailing party attorneys fees or a statute that awards attorneys fees. The Proposal for Settlement But there is one other way to get… Read More »
Retaliation Can be Alleged Even Based on Oral Complaints by an Employee
It is widely accepted that for employees to have a right to sue for retaliation, they must put their complaints or concerns in writing. That is, if an employee feels that an employer is doing something wrong and makes a complaint about it, in order to later say that the employee was retaliated against,… Read More »
Seller Sues Broker For Not Disclosing Buyer Jeff Bezos’ Identity
In many real estate contracts, buyers and sellers end up in lawsuits over concerns of what their brokers or agents—or even the other side to the contract—should have disclosed to them. A recent lawsuit is doing the same, but this time, with a very interesting allegation over what the seller feels that he should… Read More »
Collecting Against Consumers, and the Head of Household Exemption
Let’s say that you get a judgment against someone who owes you money. You then proceed to try to collect on that judgment, but your attorney tells you that they are claiming a head of household exemption, and that because of that, it will be difficult if not impossible to collect what is owed…. Read More »
Crucial Differences Between a Corporation and an LLC
A Limited Liability Corporation or LLC can provide the flexibility your business needs, with some advantages that a traditional company may not have. But a lot of us are not familiar with the structure, voting, and corporate documents involved in the formation and maintenance of an LLC. The Operating Agreement Like a corporation, an… Read More »
Include These Provisions in Your Independent Contractor Agreements
Independent contractors can provide vital services to your business. But don’t be mistaken in thinking that just because a contractor is independent, no business contract is needed between your business and the contractor. There are many provisions that you may need to spell out in a contract with an independent contractor that you normally… Read More »
Practical Tips for Collecting Accounts Receivable
Debt collection can be fraught with legal pitfalls, but it can also be the lifeblood of your business; collecting on accounts receivable or unpaid bills is how your company brings in the cash flow it needs to pay its bills. The last thing you want to happen when you’re collecting on a debt is… Read More »
What is Reformation and Why and How is it Used?
In life, mistakes happen. But when they happen when a contract or other legal document is written, it can have severe consequences; the rights, duties, and expectations of the parties can be forever altered because of an error in a document. What Did the Parties Intend? Contracts as a matter of law are supposed… Read More »
Avoid Asking These Questions to Job Applicants
It is natural when hiring potential employees, to want to learn about them, and that takes asking questions. But you may be surprised to learn that many things that employers ask of possible hires often get those employers in trouble. There is no hard and fast checklist of what you can and cannot ask… Read More »
Can You Get Attorneys Fees For Collecting on Your Judgment?
When you file a lawsuit, you often give thought to whether or not you’ll win. But a smart attorney knows to also give thought to whether you will actually ever collect on any money that you may win. After all, a judgment without pockets to pay that judgment, is just a sheet of paper…. Read More »
Embezzlement: What Is It, and Is There a Civil Remedy?
We don’t often think of criminal law and business law as mixing. But many things that can happen in business, can not only lead to civil liability, but criminal liability as well. One common crime that many business owners find themselves facing—whether they are accused of doing it, or whether they are a victim… Read More »
Sole Proprietorships: Is the Ease Worth It?
Let’s say that you are thinking of starting a small business. But you aren’t really considering a major business, with employees or even a physical office. This is more of a “side hustle,” perhaps with the hopes of it one day blossoming into more. This is often the situation that leads business owners to… Read More »
What is a Family Limited Partnership?
It seems to be common to go into business with family. The fact that it happens isn’t such a surprise. But what you may not have known is that there is actually a specific type of business entity, especially designed for those who want to own a business, and go into business with, family…. Read More »
Why Consequential Damages Matter – And Could be Costly
Imagine that your company contracts with an IT company, to service and maintain your software. But they don’t do the job, or don’t do what they were supposed to do under the contract. As a result, your computer systems go down, you have to hire another company to do the job and you lose… Read More »
The First Four Steps to Take When Facing a Breach of Contract Lawsuit in Florida
Are you or your company facing allegations of a breach of contract in Florida? If the counterparty is already preparing to file a lawsuit—or you have already been served with a complaint—it is imperative that you take immediate action to protect your rights, your interests, and your business. Here, our West Palm Beach commercial… Read More »
Can You Keep Former Employees From Using or Contracting Your Referral Sources?
You may have heard that as of now, noncompete agreements have been rendered unenforceable by the federal government, at least until challenges to the bar are resolved by courts nationwide. But aside from protecting yourself by restricting where former employees can work, you may also want to protect an equally valuable interest: your referral… Read More »
Could You Be Personally Liable for an FLSA Violation?
If you have a business with employees, you likely already know how important it is to comply with the Fair Labor Standards Act (FLSA). The FLSA requires, among other things, that employees be paid at least minimum wage for time worked, and time and a half for any overtime worked (that is, time that… Read More »
How Much Do You Know About Workplace Retaliation?
Many employers are well aware of what they can and cannot say or do when it comes to discrimination or harassment in the workplace. But there is one form of illegal harassment that many employers overlook, or which they are not aware of: Retaliation. Why Retaliation Can Get You in Trouble Retaliation is dangerous… Read More »
Can Businesses Recover Consequential Damages in a Breach of Contract Claim in Florida?
Through a breach of contract claim, a non-breaching party can seek compensation for damages. In Florida, consequential damages may be recovered in a breach of contract claim. However, a business can only seek consequential damages as a remedy if it can prove that those losses were foreseeable. Within this article, our Miami commercial litigation… Read More »
Know the Basics: The Four Key Elements of a Breach of Contract Claim in Florida
The breach of a contract can cause serious financial distress to the non-breaching party. You have the right to take legal action to seek a remedy—usually financial compensation—to account for a contract breach in Florida. When you bring a civil legal claim, you have the obligation of proving every required element. At Pike &… Read More »
