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Category Archives: Partnership Disputes

PartnerDispute

Three Unique Considerations In A Business Partnership Dispute With A Family Member

By Michael Pike and Daniel Lustig |

For business owners who are in a partnership with their own family member, navigating a dispute can be especially challenging. The emotions can run high and there are some unique issues that need to be considered and addressed as part of the process. Here, our Miami partnership dispute attorney highlights three unique considerations in… Read More »

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Can A Partnership Own Intellectual Property?

By Michael Pike and Daniel Lustig |

For many businesses, intellectual property (IP) is an increasingly important part of their overall value. The World Intellectual Property Organization (WIPO) notes that intellectual property is a broad term that covers things like “literary and artistic works; designs; and symbols, names and images used in commerce.” It could be a copyright, a trademark, or… Read More »

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Partnerships

Want To Avoid A Partnership Dispute? Six Things That Should Be Addressed In Your Partnership Agreement

By Michael Pike and Daniel Lustig |

A legal dispute with a business partner can be costly. It can be time-consuming, expensive, and, perhaps worst of all, it could even destroy your business. The best way to avoid a partnership dispute is to ensure that you have a comprehensive and well-drafted partnership agreement. A partnership agreement should thoroughly address all of… Read More »

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Four Things To Know When Requesting An Accounting In A Partnership Dispute In Florida

By Michael Pike and Daniel Lustig |

Are you locked in a financial dispute with a business partner? If so, an accounting (equitable accounting) may be one of your best options for a cost-effective, efficient solution. In this article, our West Palm Beach partnership disputes attorney highlights four tips to keep in mind if you are preparing to request an accounting… Read More »

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Partnership Dispute: Am I Liable For A Business Partner’s Debt In Florida?

By Michael Pike and Daniel Lustig |

Disagreements between business partners can be among the most challenging commercial disputes to navigate. Partnership disputes can arise for a wide range of different reasons—debt is often an area of concern. You may be wondering: Are you liable for your business partner’s debt? In Florida, the answer depends on many factors—including the specific circumstances… Read More »

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UPI

What Is The Uniform Partnership Act (UPA)?

By Michael Pike and Daniel Lustig |

The Uniform Partnership Act (UPA) governs business partnerships in most U.S. states. Model legislation drafted initially drafted more than a century ago, the UPA has been ratified by every state except Louisiana. As the statute was modernized in 1997, you will also hear it referred to as the Revised Uniform Partnership Act (RUPA). In… Read More »

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Can I Stop Myself From Being Expelled From A Business Partnership?

By Michael Pike and Daniel Lustig |

Forming a partnership can be an efficient and effective way to run a business in Florida. Though, even when business partners start out on great terms, conflicts can arise. There may even come a point in which one or more business partners takes action to try to expel another partner from the business. This… Read More »

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PartnershipLaw

Partnership Law: Can A Partnership Exist Without A Formal Agreement In Florida?

By Michael Pike and Daniel Lustig |

Business partners should always have a formal, written agreement that has been drafted and reviewed by an attorney. This raises an important question: Can a business partnership be formed in Florida with a written agreement? The answer is ‘yes’—if you act like you are in a business partnership, you may have formed one even… Read More »

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What Are Common Causes Of Partnership Disputes?

By Michael Pike and Daniel Lustig |

So you want to enter into a partnership with someone else, and start your business idea. This could be a good idea—however, unfortunately, many partnerships end up in partnership disputes. What are the most common causes of disputes when people decide to form a partnership? Not Having a Partnership Agreement – Partnership agreements set… Read More »

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Mediation

Four Things To Do Before Business Partnership Mediation

By Michael Pike and Daniel Lustig |

Partnership disputes are often well-suited for business mediation. Under Florida Statutes § 44.1011, mediation is defined broadly as a “process whereby a neutral third person” works with the parties in order to “encourage and facilitate the resolution of a dispute.” When successful, mediation can save time, money, and help to maintain working relationships. If… Read More »

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Four Reasons To Hire A Lawyer To Help With A Partnership Dispute In Florida

By Michael Pike and Daniel Lustig |

Partnership disputes are among the most challenging types of business conflicts to navigate. Not only do these disputes have the potential to cause harm to the business, it can be hard on a personal level to prepare for a legal battle with a long-term business partner. Professional legal counsel can make a big difference…. Read More »

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Partnerships

How To Resolve A Dispute Over Partnership Dissolution In Florida

By Michael Pike and Daniel Lustig |

Under Florida’s partnership laws, there are specific rules and procedures that must be followed when ending a business, including a general partnership (GP), limited partnership (LP), and limited liability partnership (LLP). Partnership dissolution can be a complicated process. It is actually one of the highest-risk times for a dispute. In this article, you will… Read More »

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Three Reasons Why Your Business Partner May Have Breached Their Fiduciary Duty

By Michael Pike and Daniel Lustig |

A fiduciary duty is the highest standard of care in the American legal system. Described simply, a fiduciary duty requires a person or entity to act in the best interests of another party. Under Florida law (Florida Statutes § 620.8404), business partners have limited fiduciary duties. Specifically, you and your business partner owe each… Read More »

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An Accounting Can Be One Of The Most Effective, Efficient Methods To Resolve Partnership Litigation

By Michael Pike and Daniel Lustig |

Disagreements between business partners are virtually inevitable. Even if you are largely on the same page, there may come a time in which you and your business partner have different visions for the future or different solutions for a problem. When a disagreement between business partners grows into a dispute, it is crucial that… Read More »

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What to Know About Foreign Limited Partnerships Disputes In Florida

By Michael Pike and Daniel Lustig |

No business owner wants to be involved in a legal dispute—especially against one of their own partners. If you own or operate a foreign limited partnership in Florida and you are dealing with a serious internal disagreement, it is imperative that you know how to protect your rights and interests. In this article, our… Read More »

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PartnershipAgreement

What Are The Remedies For Breach Of A Partnership Agreement?

By Michael Pike and Daniel Lustig |

Partnerships are among the most common business entities in Florida. Whether you are part of a general partnership (GP), limited partnership (LP), limited liability partnership (LLP), or limited liability limited partnership (LLLP), you should have a professionally-written partnership agreement in place. Your partnership agreement is the basis of your rights and responsibilities. This raises… Read More »

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BreachofContract

Can I Sue A Business Partner For Breach Of Contract In Florida?

By Michael Pike and Daniel Lustig |

Contracts are at the basis of most important commercial relationships. Parties are expected to live up to their promises. A breach of contract can cause serious financial harm to you and your business. It can be especially frustrating (and damaging) if that breach of contract comes from one of your own business partners. This… Read More »

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Partnerships

Founding A Start-Up Partnership In Florida? Six Things To Include In Your Partnership Agreement

By Michael Pike and Daniel Lustig |

Florida is a great place to start a new business. According to data from the Small Business Administration (SBA), approximately 85,000 new companies are formed in the state each year. Crunchbase reports that South Florida has become one of the nation’s hottest markets for start-up companies—with start-ups in the region raising more than $1… Read More »

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PartnerDispute

Six Paths To Resolve A Partnership Dispute In Florida

By Michael Pike and Daniel Lustig |

Business is about relationships. This is especially true for people who own and operate a partnership. As with any relationship, a disagreement can arise between business partners. A disagreement can grow into a full-blown partnership dispute—especially if left unaddressed for too long. There are many different options available to settle a disagreement between business… Read More »

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IP

How To Deal With Intellectual Property (IP) Rights When Dissolving A Partnership

By Michael Pike and Daniel Lustig |

Intellectual property (IP) is a key asset for many business partnerships. The World Intellectual Property Organization (WIPO) reports that the collective value of all intellectual property hit another record high in 2021. When it comes time to dissolve a business partnership, it is crucial that parties take the proper steps to protect their IP… Read More »

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