Monthly Archives: March 2021
Michael Pike and Pike & Lustig are happy to support our colleague and friend, Grasford Smith, in his pursuit for re-election to the Palm Beach County Bar Association’s Board of Directors
“Grasford has been serving the community for much of my legal carrier in several voluntary bar organizations. He has served our community, our attorneys and the general public in every endeavor he has undertaken. This proven track record of success establishes that Grasford is the right choice!” – Michael Pike, Managing Partner, Pike… Read More »
What Fiduciary Duties are Owed by Directors to a Company in Bankruptcy?
If you are an owner, manager, or director of a company or an LLC, you may already know that you owe fiduciary duties to the company. But what are your duties to the company when the company is closing, is insolvent, or on the verge of insolvency? Do your duties and obligations to the… Read More »
Defenses When Your Business is Sued Under the ADA
If your business has been hit with a suit alleging a violation of the Americans With Disabilities Act, you may be confused, and frightened. But there are ways out of these kinds of lawsuits and understanding what to do when you are sued under the ADA can help you minimize legal exposure for your… Read More »
Don’t Forget Interest on Your Judgment in Your Contracts
When you file a lawsuit against another business, that lawsuit may take some time before it finally resolves. When it does, and you get whatever damages you are entitled to, you may be asking whether you will also be paid for the time that it took for you to actually litigate and try the… Read More »
A Florida Company has Filed a CIVIL RICO Lawsuit Over Missing Personal Protective Equipment (PPE)
According to a report from Law 360, a Florida company has filed a multi-million dollar civil RICO lawsuit against Apex Distribution LLC, an international procurement service firm based in New Jersey. MBI Services LLC alleges that Apex Distribution misrepresented its ability to import millions of protective gloves and engaged in organized fraud to keep… Read More »
How Much Damages are Available in a Deceptive and Unfair Trade Practices Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a strong consumer protection law. Through a successful FDUTPA claim, a business or consumer can seek financial relief for “actual damages” sustained as a result of a deceptive or unjust trade practice. This raises an important question: How are damages calculated in an FDUPTA… Read More »
Partnership Disputes: Usurpation of Business Opportunity
A corporation’s officers and directors owe certain duties to the company. Among other things, these trusted individuals are prohibited from using their position to take a valuable business opportunity for themselves. A corporation’s shareholders can bring a usurpation of business opportunity claims against an officer or director who violates their legal responsibilities. While business… Read More »
Fraud Isn’t Enough, You Need to Show Reliance on the Fraud
Fraud is a crime, and in the civil arena, if you are a victim of fraud, you would have a good reason to excuse your performance under a contract or an agreement that is obtained by fraud. But there is more to a fraud defense than you may think. Not only must you show… Read More »
What is a PLLC?
When forming a business, many business owners will try to decide between forming as a corporation, an LLC, or a partnership. Many people, however, don’t give much thought to the Professional Limited Liability Company (PLLC). What is a PLLC, and how does it differ from the more common Limited Liability Company? A Professional Organization… Read More »
Using Provisional Corporate Directors to Break a Tie
You’ve taken the time to draft corporate bylaws or other documents to ensure that decisions in your company are made swiftly and efficiently. You’ve taken the time to make sure that if there’s a decision to be made, it can be made. But inevitably, despite all your best laid plans, you find that one… Read More »