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Monthly Archives: March 2019

Trademark7

Florida Federal Judge Dismisses “Volt” Trademark Infringement Lawsuit; Lack of Jurisdiction

By Michael Pike and Daniel Lustig |

According to reporting from Reuters, a federal judge in Hillsborough County, Florida has dismissed a trademark infringement lawsuit for lack of jurisdiction. The trademark claim was filed by a Tampa, Florida-based lighting company called “Volt” against a Hillsboro, Oregon company called the “Volt Lighting Group.” The defense for the Oregon-based defendant claimed that the… Read More »

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Trademark8

The Supreme Court Will Decide if a Bankruptcy Filing Terminates a Trademark License

By Michael Pike and Daniel Lustig |

In February, the Supreme Court of the United States heard oral arguments in Mission Product Holdings v. Tempnology — a case that raises a number of important questions pertaining to the intersection of trademark law and bankruptcy law. Most notably, can a company revoke a trademark license as part of its bankruptcy filing? In… Read More »

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Franchise4

Florida Franchise Law: What is an ‘Inadvertent Franchise’?

By Michael Pike and Daniel Lustig |

Before entering into a franchise arrangement, it is crucial that both franchisors and franchisees have a clear understanding of their rights and responsibilities. These companies should operate under a carefully drafted franchise agreement that has been reviewed by an experienced attorney. However, unbeknownst to many people, Florida law makes it possible for a franchisor-franchisee… Read More »

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Bank2

Florida Appeals Court Reinstates a Deficiency Action

By Michael Pike and Daniel Lustig |

On March 6th, 2019, the District Court of Appeal of the Florida Second District reversed a lower court’s decision to dismiss a deficiency action for an alleged failure to prosecute the claim in time. In the case of NRG Investment Partners, LLC vs. MDC 6, LLC, a lender sought a deficiency judgement against a… Read More »

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Employment6

Miami Company Agrees to Settle Disability Discrimination Lawsuit for $150,000

By Michael Pike and Daniel Lustig |

According to a press release from the Equal Employment Opportunity Commission (EEOC), USA Parking Services, Inc. — a Miami based valet and parking company — has agreed to pay $150,000 in compensatory damages to settle a disability discrimination claim brought by a deaf job applicant who was denied an opportunity to seek a position… Read More »

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CommerLitigation

Four Tips to Protect Your Trade Secrets

By Michael Pike and Daniel Lustig |

Under United States law, the importance and value of commercial trade secrets are recognized. In fact, under the Defend Trade Secrets Act (DTSA) — a bill that was signed into law in 2016 — trade secrets are even entitled to federal protections. Of course, by definition, trade secrets only retain their full value if… Read More »

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Legal8

What is the Miami International Commercial Arbitration Court (MICAC)?

By Michael Pike and Daniel Lustig |

For a number of different reasons, companies may choose to arbitrate commercial disputes. As explained by the American Bar Association (ABA), arbitration is a form of alternative dispute resolution that has the potential to be faster, less expensive, and more efficient than traditional litigation. In recent years, Miami has become a hub for international… Read More »

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