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Monthly Archives: March 2018

LLC

The Top Four Reasons Why Your LLC Needs an Operating Agreement

By Michael Pike and Daniel Lustig |

A Limited Liability Corporation (LLC) is one of the least complex and most flexible business structures available to entrepreneurs in Florida. It offers some of the advantages of a partnership, such as the ability to operate as a pass-through entity, and some of the benefits of a traditional corporation, such as liability protection. If… Read More »

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EmpContract

Four Things Employees Should Know About Severance Agreements

By Michael Pike and Daniel Lustig |

Are you an employee who is considering leaving your position? If so, you may be offered a severance package as part of the termination process. In far too many cases, Florida employees simply agree to sign the initial severance agreement that is offered to them by their company. Unfortunately, this is sometimes a serious… Read More »

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Commercial Landlord Rights: What Options are Available for Landlords Dealing With Financially Distressed Tenants?

By Michael Pike and Daniel Lustig |

For commercial landlords, it can be deeply frustrating to have a tenant fall behind on their rental obligations. The loss of the reliable rental income stream can cause you and your company major financial headaches. At this point, you need to be ready to carefully assess your available options so that you can best… Read More »

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Copyright

Taylor Swift Wins Copyright Infringement Lawsuit: Lyrics ‘Too Banal’ for Protection

By Michael Pike and Daniel Lustig |

According to a report from CNBC, pop music star Taylor Swift has prevailed in a copyright infringement lawsuit. Two Los Angeles based songwriters are accusing Taylor Swift of unlawfully using their copyright protected song lyrics on her 2014 number hit single ‘Shake it Off’. However, a federal district court judge has dismissed the case…. Read More »

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Litigation

Florida House Approves Anti-Sexual Harassment Bill

By Michael Pike and Daniel Lustig |

On March 1st, 2018, the Florida House of Representatives unanimously passed a major ethics reform bill. HB 7007 is designed to prevent and punish sexual harassment and sexual misconduct. These proposed reforms follow a string of high-profile sexual abuse and sexual misconduct allegations that have come to light this year, both inside and outside… Read More »

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Florida Physician Practice Management: What is a Letter of Protection (LOP)?

By Michael Pike and Daniel Lustig |

Each year, many people are injured in accidents in Florida. Under state law, injured victims may be entitled to recover financial compensation from a negligent party, or from the defendant’s insurance company. This is done through a personal injury lawsuit. Of course, the personal injury claims process can sometimes be slow. An injured victim… Read More »

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Arbitration

Should I Include an Arbitration Clause in My Business Contract?

By Michael Pike and Daniel Lustig |

With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your  business agreements. If your contract mandates arbitration, you will almost certainly… Read More »

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Contract

Florida Appeals Court Allows Liquidated Damages Provision to Stand

By Michael Pike and Daniel Lustig |

On February 21st, 2018, the Third District Court of Appeals for the State of Florida upheld a lower court ruling in the case of Liork, LLC and Keren Ben Shimon v. BH 150 Second Avenue, LLC. A key issue at stake in this dispute was the enforceability of a liquidated damage clause. Here, our… Read More »

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