Miami Business Litigation Attorney
The law offices of Pike & Lustig, LLP is a full-service law firm with an emphasis on business litigation in Palm Beach, Broward and Dade counties. We understand our clients’ business litigation needs in both State and Federal Courts, contact our Miami business litigation attorneys today.
Accomplished Miami Business Litigation Attorneys Skilled in Complex Business Law Matters
Today, business litigation encompasses far more than claims involving breach of contract or business torts such as fraud or unfair trade practices. Our attorneys have a history of handling complex Federal and State Court litigation, which includes cases involving significant issues concerning electronically stored information or “ESI.” We focus our business litigation practice on corporate shareholder and partnership disputes, complex-contract disputes, landlord-tenant disputes, real-estate disputes, banking litigation, officer and director defense, franchise law and trademark and copyright litigation.
In furtherance of advanced knowledge, skill and training in the areas of copyright and trademark litigation, firm partner Daniel Lustig obtained an L.L.M. (Master of Laws) in intellectual property law. We place our clients’ interests first, and this includes detailing a litigation strategy that is both goal-oriented and financially acceptable for our clients. Contact our Miami business litigators.
If you are involved in commercial litigation, you need a smart, sophisticated attorney who will aggressively protect your rights and defend your interests. At Pike & Lustig, LLp, our experienced Miami commercial litigation attorneys have the legal knowledge and experience you need to resolve legal disputes in a way that benefits you.
Business and Consumer Fraud
According to the Association of Certified Fraud Examiners, roughly half of small businesses are subject to suffering from fraud at some point, with the average incident costing $114,000. Additionally, most instances of fraud for small businesses is caused by an employee. In fact, embezzlement is the category of business fraud most on the rise. Embezzlement, and fraud in general, is only predicted to increase in the near future, with increased financial pressure driving all fraud trends. While business fraud looks at the unfair advantage taken of business owners, those same business owners can also be guilty of committing consumer fraud. Consumer fraud is described as a seemingly legitimate business practice that results in the financial or other loss for a consumer. We all know that businesses and manufacturers use dishonest tactics when promoting their products and pushing a sale. However, there is a line when it comes to the legality of these practices. Examples of consumer fraud include false advertising, unfair terms and conditions, unfair pricing, and safety concerns of products. Surprisingly, consumer fraud happens on an immense scale. According to the Federal Trade Commission’s Consumer Fraud in The U.S. 2011 survey, 25.6 million Americans (10.8 percent of the population) were subject to consumer fraud in that year alone. If you have suffered losses as the result of business or consumer fraud, contact us today. Our experienced Miami business and consumer fraud attorneys will work diligently to hold responsible parties accountable for their actions.
While franchise and distribution agreements present exciting opportunities for innovative developers and entrepreneurs, they can also present opportunities for disputes. At Pike & Lustig, LLP, our experienced Miami franchise law attorneys have the legal ability you need to handle issues as they arise and avoid potential problems.
Companies are not allowed to blatantly copy each other when it comes to branding with product or company names, logos, or design. Without authorization from the owner to use their trademark, a company may be committing trademark infringement. Examples of trademark infringement include very similar names, similar fonts, and similar design. However, the goods or services on both sides being sold must be similar enough for the average consumer to be confused between the two for a trademark lawsuits to be successful. When determining the likelihood of confusion, according to the Ninth Circuit Court of Appeals, the following eight criteria are taken into account: strength of the mark, proximity of the goods, similarity of the marks, evidence of actual confusion, marketing channels used, type of goods and the degree of care likely to be exercised by the purchaser, defendant’s intent in selecting the mark, and likelihood of expansion of the product lines.
Our experienced trademark litigation attorneys have the kind of comprehensive understanding of trademark law needed to defend and protect you in litigation and pre-suit litigation matters. When your valuable intellectual property is at stake, contact Pike & Lustig, LLP for the aggressive representation you deserve.
According to 17 U.S. Code 106, a copyright owner is entitled to six specific rights in order to protect their work. These rights include:
- The right to reproduce the copyrighted work in copies or phonorecords;
- The right to prepare derivative works based upon the copyrighted work;
- The right to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, the right to perform the copyrighted work publicly;
- In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, the right to display the copyrighted work publicly; and
- In the case of sound recordings, the right to perform the copyrighted work publicly by means of a digital audio transmission.
Copyright protection can be crucial to the success of your business enterprise. At Pike & Lustig, LLP, our experienced Miami copyright attorneys handle groundbreaking copyright infringement litigation, and have the experience necessary to prosecute or defend your copyright claim.
When you are involved in a landlord tenant dispute, you need an attorney who will aggressively represent your interests. At Pike & Lustig,LLP, our experienced Miami landlord-tenant attorneys provide fierce legal representation to ensure your rights, as well as your assets, are protected.
If you are involved in a civil RICO lawsuit, you don’t want just anyone to represent you. At Pike & Lustig, LLP, our experienced Miami RICO attorneys have a through and concrete understanding of the complicated RICO Act. This understanding is crucial to ensuring our clients’ success in RICO litigation.
When you have a matter requiring arbitration, contact us. Our attorneys have a thorough knowledge and understanding of the rules of arbitration as set forth by the American Arbitration Association, and can arbitrate your case both efficiently and effectively.
At our office, our experienced Miami legal malpractice attorneys have successfully represented legal professionals against charges of breach of fiduciary duty, ethics violations, and breach of contract. We understand the complex situations surrounding claims of legal malpractice, and can help restore your good name and professional reputation.
Experienced Miami Business Litigation Attorneys Who Get Results
Our Miami business litigation attorneys have a combined sixteen years of legal practice with some of Florida’s largest firms. Therefore, we offer our clients sophisticated litigation services at competitive rates. Trust your business litigation matter to attorneys who are not afraid to litigate and have enjoyed a record of success both inside and outside the courtroom. In Boca Raton, South Beach, Miami and surrounding areas, contact Pike & Lustig, LLP. We look forward to the opportunity to serve you.