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Monthly Archives: April 2019

TrademarkCopyr

FLAG Act Introduced in Congress, Bill Would Give State and Local Governments Access to Trademark Protection

By Michael Pike and Daniel Lustig |

In April, a bipartisan group of Senators, including lead co-sponsors Thom Tillis (R-North Carolina) and Amy Klobuchar (D-Minnesota), introduced the Flag Act into Congress. If enacted this legislation would give state and local government entities the legal right to obtain federal trademark protection for their flags and other official symbols. Here, our West Palm… Read More »

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Legal5

Florida Appeals Court: Contract Lawsuit Dismissed After Creditor Failed to Produce Original Note

By Michael Pike and Daniel Lustig |

On April 22nd, 2019, the Florida First District Court of Appeal reversed a ruling on the grounds that a lower court failed to properly apply Florida’s lost note statute. In the case of MBC Gospel Network, LLC v. Florida News Channel, LC, the appeals court determined that a debtor could not be ordered to… Read More »

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Contract6

USDA Suspends Florida Company’s PACA License Over Breach of Contract

By Michael Pike and Daniel Lustig |

According to reporting from Produce Blue Book, the United States Department of Agriculture (USDA) has imposed sanctions on five companies, including one Florida-based firm, for the alleged failure to meet their contractual obligations and failure to then pay awards under the Perishable Agricultural Commodities Act (PACA). The PACA is an important federal law that… Read More »

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Trademark5

Trademark Infringement Claim: Patagonia Sues Anheuser Busch Over Its New Beer

By Michael Pike and Daniel Lustig |

According to reporting from CNN, Patagonia has filed a trademark infringement lawsuit against the multi-national beer maker Anheuser-Busch. Recently, Anheuser-Busch began marketing and selling a “Patagonia” branded beer. The outdoor clothing company contends that the beer evokes its brand and its logo. As such, Patagonia alleges that their trademark rights are being violated. For… Read More »

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ConstDefect

Common Construction Defects in Florida

By Michael Pike and Daniel Lustig |

A construction defect is typically defined as a flaw in design, materials, or workmanship that results in a failure of at least one component of a structure. Property owners have a right to seek financial compensation for damages caused by a construction defect. Notably, under Florida Law (Florida Statutes Chapter 558), property owners are… Read More »

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Litigation2

Faulty 737 Max Sensor in Fatal Lion Air Crash Linked to Florida Repair Shop

By Michael Pike and Daniel Lustig |

When a Lion Air flight went down off the coast of Indonesia last October, the damages were nothing short of harrowing. To be sure, the crash resulted in the death of all 189 people on board. When a similar crash happened a few weeks ago in Ethiopia, the European Union and many countries decided… Read More »

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SHarassment2

EEOC Sues Broward County Restaurant Chain for Sexual Harassment

By Michael Pike and Daniel Lustig |

The Equal Employment Opportunity Commission (EEOC) recently announced that it is filing a sexual harassment lawsuit against a Broward County, Florida IHOP franchise. According to the allegations raised by the agency, the restaurant violated federal labor laws in its failure to stop workplace sexual harassment. In this article, our experienced West Palm Beach employment… Read More »

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Shareholder5

How to Resolve a 50/50 Shareholder Dispute in Florida

By Michael Pike and Daniel Lustig |

While it may be the correct choice for some entrepreneurs, going into a 50/50 partnership with another person creates some risks. For obvious reasons, a 50/50 shareholder dispute or 50/50 partnership dispute can be especially difficult to resolve. If you are currently locked into a 50/50 shareholder dispute, it is imperative that you take… Read More »

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