Tag Archives: West Palm Beach Business Litigation Attorney
Surviving a Deposition as a Witness
Clients often benefit from taking an active role as a member of their own legal team, but depositions are an area that can force clients to take a particularly prominent position. Depositions are procedurally-authorized interviews that allow the lawyers to ask questions of the other side’s witnesses, including the other side’s client. These sorts… Read More »
Duties of the Board of Directors
One of the biggest problems faced by corporations is the known in economics as the “principal-agent problem.” Basically, the issue is that there are all sorts of costs imposed when one person has to act for the best interests of another. Agents may not know what the principal actually wants, or they may act… Read More »
Strategies for Resolving Partnership Disputes
People who go into business with a partner often do so while wearing rose-colored glasses. No one ever expects disputes to arise among people who are willing to go into business together. Yet, all too often it happens. Partnership disputes can often be high stakes; the future of the business itself may be on… Read More »
Daniel Lustig Named 2015 Rising Star
Pike & Lustig, LLP is pleased to congratulate Daniel Lustig on being awarded Rising Star status by the independent Super Lawyers rating agency. This award is designed to recognize the top 2.5 percent of young attorneys practicing in a state, and it signals an attorney with strong potential and a bright future. Lustig’s Career… Read More »
Michael Pike Named a 2015 “Super Lawyer”
Pike & Lustig, LLP is proud to announce that Michael Pike has been named a Super Lawyer for 2015 by the independent rating agency Super Lawyers, an award provided to only the top 5 percent of attorneys practicing in a state. This represents Pike’s third straight year of recognition by the agency as a… Read More »
The Costs of Dialing a Wrong Number
Dialing a wrong number is a fact of life for most people, but a company calling the wrong person using an autodialer can face serious penalties. This is the result of the Telephone Consumer Protection Act (TCPA), which lets consumers sue companies calling them without consent for $500 a call. In fact, Florida citizens… Read More »
Contract Damages: How Much Can You Agree To?
American law has a fairly robust respect for people’s freedom to contract, especially in cases where both sides are of equal bargaining power and sophistication. However, there are certain clauses that the law refuses to enforce either to protect society or to protect one of the parties to the contract. One area where this… Read More »
Tortious Interference Claims in Florida
Economic competition is at the heart of the American economy. The idea is that by competing with each other, businesses produce better, cheaper goods and services for the consumer. However, this type of economic competition is not a free for all. There are rules. One particular rule is that competitors are not allowed to… Read More »
How Attorney-Client Privilege Works for Companies
Honesty between attorneys and clients is of paramount importance. If clients cannot tell the absolute truth to their attorneys, then they risk their lawyer having to deal with nasty surprises at trial. One way the law facilitates candid discussions between attorneys and their clients is with the attorney-client privilege. This privilege creates a veil… Read More »
Understanding Florida’s New Data Breach Law
As more and more commerce starts to move online, companies are continuing to store ever greater amounts of customer and employee information in digital form. While this setup is often more convenient for everyone involved, it also creates a new potential liability for businesses who store this sort of information: data breaches. The possibility… Read More »
Understanding Statutory Damages
While some people sue for the principle of having their day in court, many do so because they have been harmed in some way and deserve compensation for that harm. That compensation is known as the damages. Ordinarily, judges or juries award damages based on the actual, quantifiable harms that someone has suffered. However,… Read More »
Enforcing Non-Compete Agreements
Employees are an important part of any business, and they are necessary to the company’s smooth operation. Businesses want to attract the best and the brightest, knowing that they will reap the rewards of employing competent people. However, this presents them with a problem. How should a company handle an employee who wants to… Read More »
Stopping Bad Behavior during the Case: Preliminary Injunctions
Lawsuits are a versatile tool in the business world. Although many lawsuits are focused on the past, trying to recover damages for some harm that has already occurred, they do not have to be. Sometimes, parties can bring a lawsuit seeking to stop someone from taking an action. This is known as seeking an… Read More »
Interrogating a Company
Discovery can often be the longest and most expensive portion of a lawsuit, especially when dealing with commercial litigation. The idea behind discovery is that it allows attorneys to get information from the other side to help build their cases. One of the most powerful discovery tools that a lawyer has is the deposition,… Read More »
Understanding E-Discovery
E-discovery is a recently-coined buzzword in the legal sphere for discovery dealing with electronic documents. While much of the nuts and bolts of e-discovery are handled on the lawyer’s end, savvy clients should also have a basic understanding of the process, so that they can properly vet their potential business litigation attorneys. This type… Read More »
Federal Regulations and False Advertising
Organizations within the federal government do not always communicate well with each other. This can be a problem for companies trying to operate under a web of federal regulations because approval in one place does not necessarily mean approval across the board. One recent example of this was the Supreme Court case Pom Wonderful… Read More »
Trademark Registration and its Effect on Litigation
A strong trademark can be a powerful tool for a company looking to expand its market share and build strong ties to its consumers. Trademarks allow consumers to instantly recognize a company and remember all the good, or bad, things they know about the company. From time to time, keeping a trademark strong may… Read More »
Who Just Hired the Lawyer?
Lawyers often refer to corporations as “legal fictions.” This means that from a legal standpoint a corporation is a real entity. It can sue people, be sued by people, and enter into contracts just like a real person can, but the corporation is not a real person. A corporation cannot hold conversations with people… Read More »
Shareholder Lawsuits: Direct versus Derivative
One of the most common types of commercial litigation is the shareholder lawsuit. In shareholder lawsuits a shareholder sues either based on a harm that they suffered themselves or based on a harm suffered by the corporation itself, which indirectly hurts them by lowering their investment’s value. The type of harm is important because… Read More »
Legal Malpractice Claim by Bank Against Attorney After Fraudulent Wire Fraud
A lawyer in Illinois has been sued by a bank after he was allegedly fraudulently duped by a fake client. He was tricked into wiring half-a-million dollars without sufficient proof that the client was authentic. Attorneys and law firms have become a major target for online scams. The “Nigerian prince” scams of years past… Read More »
