Monthly Archives: February 2018
Employer Responsibilities Under the ADA
Under the Americans with Disabilities Act (ADA), it is unlawful for employers to discriminate against a qualified person simply because they have a disability. Many employers are confused as to their responsibilities under this federal law. At Pike & Lustig, LLP, our Miami employment law attorneys have helped many South Florida employers ensure legal… Read More »
What is the Corporate Opportunity Doctrine?
Corporate directors, officers, and controlling shareholders owe duties to their company and to the minority shareholders. Under the corporate opportunity doctrine, these representatives are legally prohibited from taking for themselves any business opportunity that could reasonably benefit the corporation. This is one aspect of the fiduciary duties of a corporate officer, and it is… Read More »
The New England Patriots and Philadelphia Eagles Have Filed Joint Trademark Lawsuit
Prior to taking the field as opponents in Super Bowl LII, the New England Patriots and Philadelphia Eagles have teamed up in the courtroom. According to reporting from Courthouse News Service, the two NFL franchises have joined with the NFL’s League Office in order to file a collective trademark lawsuit against an alleged counterfeiting… Read More »
The DMCA Safe Harbor Regime: Explained
Signed into law by President Bill Clinton in October of 1998, the Digital Millennium Copyright Act (DMCA) seeks to provide a balanced environment, both protecting the interests of copyright holders and accounting for the concerns of website owners and operators that accept user-created submissions. The ‘Safe Harbor’ provisions contained within this law provide immunity… Read More »
Florida Supreme Court Issues Important Ruling in Construction Defect Notice Case
Recently, the Supreme Court of Florida issued an important decision in a case that centered on construction defect notices. In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, the state’s highest court ruled that Florida’s pre-lawsuit notice and repair process constituted a claim, and thus was required to be recognized by the… 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 Appeals Court Vacates Award Calling for Attorneys’ Fees and Punitive Damages
On January 24th, 2018, Florida’s Fourth District Court of Appeal ruled in favor of the defendant (a real estate developer) in the case of DFG Group, LLC, et al. vs Heritage Manor of Memorial Park, Inc., et al. This appeal was centered around a jury award for attorneys’ fees and punitive damages. This decision… Read More »
Florida Court Rules Against Uber in Trade Secret Dispute
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 »
