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Florida Business Law: Resolving Deadlocked Disputes

By Michael Pike and Daniel Lustig |

Business disputes are a reality that all shareholders must acknowledge. Eventually, even the closest of business partners will disagree about some aspect of the company. When forming a business, it is imperative that partners and shareholders create a proper structure to resolve any potential disputes efficiently, without risking any long-term damage to the underlying… Read More »

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Copyright Law: What Are Derivative Works?

By Michael Pike and Daniel Lustig |

A derivative work is one that is based largely off of a pre-existing work. Under the Copyright Act of 1976, copyright holders are entitled to some important legal protection against anyone using their original work for derivative purposes, without their express consent. However, this does not mean that you cannot be inspired to create… Read More »

ConstLiti

Florida Construction Law: ‘Pay-if-Paid’ and ‘Pay-when-Paid’ Clauses Explained

By Michael Pike and Daniel Lustig |

The construction industry is more complex than it has ever been. In the modern business world, most large and mid-sized construction projects must be completed by several different contractors and subcontractors. Notably, payment for a construction project often flows downstream. This means that the primary contractor actually gets paid, and then, in turn, pays… Read More »

BusLoss

Florida Appeals Court Reverses Lower Court Decision in Tortious Interference Case

By Michael Pike and Daniel Lustig |

Recently, the Florida Third District Court of Appeal reversed and remanded a lower court ruling in a tortious interference case. The case, DNA Sports Performance Lab, Inc. and Neiman Nix v. Club Atlantis Condominium Association, Inc., provides an instructive example of the sometimes complex issues of tortious interference. Understanding the Dispute DNA Sports is… Read More »

Legal1

A Mistake During Discovery Could Lead to a Legal Malpractice Claim

By Michael Pike and Daniel Lustig |

Discovery is the formal process during which parties to a lawsuit must exchange certain relevant evidence and information with each other. Make no mistake about it; discovery is the key to a strong legal case. Indeed, the importance of discovery and investigation of a claim cannot be overstated. Thus, it is not surprising that… Read More »

InjuryComp

Florida Supreme Court Issues Important Attorney-Client Privilege Ruling

By Michael Pike and Daniel Lustig |

On April 13th, 2017, the Supreme Court of Florida issued a ruling in the case of Worley v. Central Florida Young Men’s Christian Ass’n. This decision is extremely important, as it will have significant ramifications for attorney-client privilege rights issues in future Florida lawsuits. In Worley, the Supreme Court ruled that attorney-client privilege protects… Read More »

ConsProt

Consumer Fraud Watch: Medical Marijuana Scam

By Michael Pike and Daniel Lustig |

On April 19th, 2017, the Florida Department of Health issued an official warning to all consumers in the state regarding an alarming increase in reports of ‘medical marijuana’ scams. Under Florida law, medical marijuana can only be legally used by state residents who have obtained a valid identification card from the state’s Office of… Read More »

BusinessPartner

Florida Shareholder Rights: Inspection of Corporate Records

By Michael Pike and Daniel Lustig |

Corporations, especially private companies and closely-held firms, owe their shareholders an obligation to furnish certain business records and key information upon request. A shareholder’s right to inspect and copy corporate records is critically important. Without this right, it would be very difficult for shareholders to ensure that their financial interests are actually being protected…. Read More »

ContractDispute

Florida Court Rules Against Trump Golf Course in Construction Lien Case

By Michael Pike and Daniel Lustig |

No stranger to the headlines, President Donald Trump recently found himself in the news after his company lost a Miami-Dade County construction lien dispute. On April 12th, 2017, Florida’s Third District Court of Appeal issued a ruling in the case of Trump Endeavor LLC v. Fernich, Inc. d/b/a The Paint Spot. The appeals court… Read More »

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Landlord Rights Watch: Proposed Florida Bill Would Make Negligent Maintenance a Crime

By Michael Pike and Daniel Lustig |

Under Florida law, landlords owe several legal obligations to their tenants. For example, landlords are required to follow certain building and health codes; they are also required to ensure that their premises are free from unreasonable safety hazards and properly maintained. If a residential or commercial landlord fails to live up to these obligations,… Read More »

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