Tag Archives: West Palm Beach Business Litigation Attorney
McDonald’s Value Meal Might Not Save You Money — But Judge Says It is Not False Advertising
Recently, a United States federal court judge in Illinois ruled in favor of McDonald’s in a deceptive advertising lawsuit. According to the allegations raised in the class-action lawsuit, buying a McDonald’s ‘Extra Value Meal’ was actually somewhat more expensive than purchasing each item included in the meal individually. However, the federal judge ruled that… Read More »
Florida Appeals Court Rules Against Shareholder in Fraud Case
On March 21st, 2018, Florida’s Fourth District Court of Appeals ruled against a minority shareholder in an appraisal rights case. In Shiva Stein v. BBC Capital Corp, et al, the plaintiff alleged that her shareholder rights were violated under Florida state law following the merger of two financial services companies. In this article, our… Read More »
Four Things to Think About Before Going Into Business With Family
Many people go into business with their family members. In fact, according to data cited by the Family Firm Institute (FFI), approximately 50 percent of all U.S. companies are family businesses. On the one hand, running a family business is not much different than is running any other type business. The same basic rules… Read More »
Florida Court of Appeal Reverses Entry of Summary Judgment in Contract Dispute
In the case of Sean Lucey and the Lucey Corporation v. 1010 Logic Inc, the Florida Second District Court of Appeal found that the circuit court erroneously entered a finding of summary judgment in favor of the plaintiff. Here, we explore the background of this case and discuss what summary judgment is and why… Read More »
What are Subsidiary Companies?
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 »
What You Need to Know About Buying Out Your Business Partner
Eventually all business relationships come to an end. Businesses can break up for a wide variety of reasons; it may be that your business partner is retiring and leaving the field or it may simply be that you each have different visions for the future of the company. Regardless, when the time comes to… Read More »
Breach of Fiduciary Duty: Unlawful Self-Dealing
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 »
Did Your Business Partner Breach Their Fiduciary Duty?
Coming together in a joint business venture requires putting a lot of faith in your partner. Unfortunately, not all business partners live up to their end of the bargain. When forming a business, partners establish a legal relationship. You and your business partner have a fiduciary duty to one and other. This fiduciary duty… Read More »
Mediation For Business Contract Disputes
Unfortunately, with every business contract, there is the risk of a dispute. Sometimes, litigation is required, but often a dispute can be resolved best through other means. For example, in some circumstances mediation may provide fast, cost effective resolution. Mediation is a collaborative, non-binding, method of alternative dispute resolution. If you are involved in… Read More »
What Qualifies As A Trade Secret?
Trade secrets can include a wide variety of confidential business information. Ranging from scientific formulas and computer codes to marketing plans and pricing strategies, these truly innovative ideas are often among a company’s most valuable assets. The law allows for these ideas to be protected as trade secrets. It gives businesses a real incentive… Read More »
Are Oral Sales Agreements Enforceable?
Oral business agreements can be considered enforceable contracts, but only sometimes. These type of cases are generally fiercely disputed and are often complex. It is always important to make sure that your business rights are protected. Other parties should be held to their contracts, and on the flip side, you should not be held… Read More »
Contract Review Is Critically Important
A case recently decided by Florida’s Fourth District Court of Appeal highlights the importance of comprehensive contract review. Having a contract reviewed by an attorney will help protect your business from future headaches. If your company is considering entering into a contract, you should contact an experienced West Palm Beach business litigation attorney. The… Read More »
Several West Palm Beach Restaurants Affected By Data Breach
WPTV.com recently reported that dozens of West Palm Beach restaurants, all owned by the Landry’s corporation, were the victims of a serious cyberattack. Sensitive personal identifying information, including customer credit card information, was compromised in the data breach. This case reiterates the importance of Florida businesses remaining vigilant when it comes to data security…. Read More »
Avoiding False Advertising
Running a business can be difficult and the issues can become complex. In the fog of all the decisions you have to make on a daily basis, small mistakes, such as approving an advertisement, can come with big consequences. In this article, we will discuss what deceptive claims are and how your business can… Read More »
Understanding Arbitrability
We sign contracts with arbitration clauses all the time. Many employment contracts and commercial agreements have arbitration clauses within them. If you find yourself in a position where you need to sue, you may be required to arbitrate the cause instead of taking it to full trial, an issue that may work against you…. Read More »
Deciding to Litigate…Or Not
When it comes to business litigation, the issue of whether to litigate or settle or attempt to use an alternative dispute resolution is one that depends on many factors. Small to medium-sized businesses in particular are vulnerable to the damage that a lawsuit can cause. In the event that you suspect a lawsuit from… Read More »
Potential Issues for Businesses Regarding New Credit Card Technology
The many requirements with which merchants and business owners must comply are ever-changing. As technology changes, so do legal regulations and requirements and, often, it is difficult for owners to keep up. Fortunately, having the help of an experienced business litigation attorney can help ensure that you meet all the necessary requirements to avoid… Read More »
What are Some Common Examples of Consumer Fraud?
Businesses in virtually any industry can violate laws that exist to protect consumers from unfair or deceptive trade practices. Consumer fraud can occur in a variety of contexts, but generally involves a business practice that is fraudulent or misleading in nature and is regulated by federal law and Florida’s Deceptive and Unfair Trade Practices… Read More »
Common Examples of Legal Malpractice
Individuals who practice in regulated professions are expected to conduct themselves with a certain degree of care. Legal malpractice is a form of professional negligence that occurs when an attorney fails to conduct himself or herself in accordance with the standards expected of the profession. When legal malpractice results in losses for clients, they… Read More »
Do People Involved in Partnership Disputes Need to Retain an Attorney?
Partnerships are one of the most common business formations utilized in Florida. A partnership exists when two or more individuals cooperate to conduct business for profit. While partnerships are relatively easy to form, they have the inherent drawback of making all partners personally liable for all debts incurred by the business. In fact, if… Read More »
