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Tag Archives: Florida Business Litigation Lawyer

Contract3

Ex-Football Coach Sues University of Miami for $3 Million; Alleges Breach of Employment Contract

By Michael Pike and Daniel Lustig |

Al Golden is currently the linebackers coach for the NFL’s Detroit Lions. From 2011 to 2015, Mr. Golden served as the head coach for the University of Miami Hurricanes. His tenure ended on a low note — following a 58-0 loss to Clemson in the middle 2015 season, Miami athletic director Blake James dismissed… Read More »

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Business6

My Company is Being Defamed on Social Media: What are My Legal Options

By Michael Pike and Daniel Lustig |

In the business world, social media and online review websites are more important than ever. According to a recent survey cited by Small Business Trends, 97 percent of consumers say that they have read online reviews, and 85 percent of consumers state that they trust these reviews as much as they trust a personal… Read More »

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Litigation

Florida House Approves Anti-Sexual Harassment Bill

By Michael Pike and Daniel Lustig |

On March 1st, 2018, the Florida House of Representatives unanimously passed a major ethics reform bill. HB 7007 is designed to prevent and punish sexual harassment and sexual misconduct. These proposed reforms follow a string of high-profile sexual abuse and sexual misconduct allegations that have come to light this year, both inside and outside… Read More »

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BusinessLaw

Florida Court Rules Against Uber in Trade Secret Dispute

By Michael Pike and Daniel Lustig |

Businesses have the legal ability to protect certain valuable information as ‘trade secrets’. There are often disputes over what types of information can be protected by trade secret laws. A recent case involving Uber raised a very interesting question: Can a private company protect sensitive business information as a trade secret if that information… Read More »

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ContractBreach2

Florida Appeals Court Reverses Decision in Breach of Contract Dispute

By Michael Pike and Daniel Lustig |

On November 29th, 2017, Florida’s Third District Court of Appeal reversed a lower court decision in the case of Merco Group at Akoya, Inc. v. General Computer Services. This dispute involved the alleged breach of a business contract. The appeals court reversed the lower court’s decision on the grounds that the court had misapplied… Read More »

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Mediation4

Preparing for Business Mediation in Florida? Five Tips You Need to Know

By Michael Pike and Daniel Lustig |

If your Florida company is involved in a business dispute, mediation may be the best available option to seek a resolution. Mediation offers many potential benefits to businesses, including: considerable cost savings, overall efficiency, complete confidentiality, full control, flexibility and, importantly, a collaborative atmosphere that helps companies preserve commercial relationships. If your company is… Read More »

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Handshake

Florida Shareholder Case Shows the Complexity of Collecting ‘Lost Profits’ as Damages

By Michael Pike and Daniel Lustig |

On March 17th, 2017, the Florida Second District Court of Appeal released a decision in the case of ICMFG Associates Inc v. Bare Board Group Inc. This case involved a complex shareholder dispute. As a part of the case, one company sought lost profits as damages from its former shareholders. Though the firm was… Read More »

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arbitration2

Florida Appeals Court Declines to Enforce Online Arbitration Agreement

By Michael Pike and Daniel Lustig |

On February 15th, 2017, Florida’s Fourth District Court of Appeal issued an instructive decision in a case  involving a mandatory arbitration agreement. The case, Vitacost.com, INC v James McCants, originated after the two parties got into a dispute regarding the sale of online dietary supplements. By making a purchase on the Vitacost website, the… Read More »

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Franchise2

Thinking of Becoming a Franchisee? The Importance of Due Diligence

By Michael Pike and Daniel Lustig |

Becoming a franchisee can potentially be a very lucrative business opportunity. Many people throughout South Florida have successful used the franchise business model as an investment tool.  Of course, as with all business opportunities, there will always be risks involved. As such, it is critically important that prospective investors engage in a comprehensive investigation… Read More »

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BusLaw

When Does Comparative Advertising Cross the Line?

By Michael Pike and Daniel Lustig |

The term comparative advertising refers to a form of advertising in which a company explicitly references the brand of a competitor. When done properly, comparative advertising is legal in both Florida and throughout the country. Indeed, the Federal Trade Commission (FTC) notes that comparative advertising actually be an important source of information for consumers… Read More »

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ContractBreach2

What is an Anticipatory Breach of Contract?

By Michael Pike and Daniel Lustig |

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 »

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SiriusXM Settles Class Action Copyright Lawsuit for Nearly $100 Million

By Michael Pike and Daniel Lustig |

Recently, Rolling Stone reported on major class action copyright lawsuit that was settled by the multi-billion dollar broadcasting conglomerate SiriusXM. To settle the dispute, the company agreed to pay out $99 million to impacted plaintiffs. This lawsuit stems from the fact that the satellite radio company had been playing songs from before 1972 without… Read More »

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Home-Remodeling Contractors Need Legal Protection

By Michael Pike and Daniel Lustig |

Home-remodeling projects are on the rise. According to reporting from the National Association of Realtors (NAR), an estimated $300 billion will be spent on home improvements in the year 2016 alone. Not only would this be the 5th straight year of rising home improvement expenditures, but it would also be a new record, passing… Read More »

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What are Subsidiary Companies?

By Michael Pike and Daniel Lustig |

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 »

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What You Need to Know About Business Contingency Fee Arrangements in Florida

By Michael Pike and Daniel Lustig |

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 »

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How Can You Protect Your Property From a Construction Lien?

By Michael Pike and Daniel Lustig |

A construction lien, also known as a mechanic’s lien, is a security interest in a property. Contractors, subcontractors and individuals who provide materials or labor in an effort to improve a property may be able to seek a construction lien under certain circumstances. Specifically, if these parties did not receive full and fair payment… Read More »

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Florida is the Credit Card Fraud Capital of the United States

By Michael Pike and Daniel Lustig |

Credit card fraud in a growing problem all around the country. In fact, the Federal Trade Commision (FTC) recently reported that they received a record number of credit card fraud complaints in 2015. While fraud is a problem everywhere, Florida has been particularly hard hit. At least that is the finding from a recent… Read More »

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Breach of Fiduciary Duty: Unlawful Self-Dealing

By Michael Pike and Daniel Lustig |

A fiduciary duty is a legal obligation that requires one party to act solely in the best interests of another party. The breach of this duty can occur in a number of ways, from the failure to disclose information to negligence. Self-dealing is another common example of the breach of fiduciary duty. Self-dealing occurs… Read More »

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Florida Lawsuit Accuses Commercial Landlord of RICO Violations

By Michael Pike and Daniel Lustig |

The Chattanoogan.com recently posted a story about a lawsuit filed at the U.S. District Court for the Middle District of Florida. The legal claim was filed against CBL & Associates, a large real estate investment firm. According to the complaint, there are allegations that CBL has been consistently overcharging its tenants for electricity. Notably,… Read More »

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Florida Leads The Nation In Consumer Fraud Complaints

By Michael Pike and Daniel Lustig |

The Palm Beach Post reports that Florida, once again, has the dubious distinction of leading the nation in fraud complaints. In 2015, the Federal Trade Commission (FTC) received over 300,000 consumer fraud complaints from Florida residents. The data is clear: business and consumer fraud remain serious problems in the state. If you have been… Read More »

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