Monthly Archives: April 2021
FDUTPA: What Is “Exempt Conduct”?
The Florida Deceptive and Unfair Trade Practices Act or ‘FDUTPA’ is a powerful statute that protects consumers and businesses against fraud and other illegitimate commercial practices. To bring a successful FDUTPA claim, a plaintiff must prove that the defendant engaged in a deceptive and/or unfair trade practice under the act. Florida law clearly states… Read More »
Partnership Disputes: Your Guide To Alternative Dispute Resolution (ADR) In Florida
Business partners end up in disputes for many different reasons. A partnership dispute, even if it turned ugly, does not necessarily mean you are headed for lawsuit. Quite the contrary, business partnership disputes are often good candidates for alternative dispute resolution (ADR). As noted by the Florida Bar Association, the term ADR is used… Read More »
Paying Off Foreign Government Officials Can Get You In Trouble
Bribery: You’d never do it and you know it’s wrong. But if you’re doing business overseas, what if that kind of thing is more accepted? Is it Ok to pay off someone in a foreign government if that kind of thing is OK in that foreign country? Would You Need to Bribe a Foreign… Read More »
What To Do If Your Business Is Sued To Claw Back Property
Let’s say that one day your business gets a great deal. Maybe a steal on a great piece of equipment, or a vehicle, or some other item. You think you’ve hit the jackpot. Then, out of nowhere, you get sued by a bankruptcy trustee, who is saying something about a “clawback.” What is that,… Read More »
Certain Contractual Limitations Of Liability For Discrimination Lawsuits Are Valid
If you are an employer, the prospect of any kind of discrimination suit can be daunting and scary, as it should be-discrimination is not something to take lightly. But the threat of a discrimination or harassment lawsuit is made even more daunting by the prospect of that lawsuit being a class action lawsuit. Anti… Read More »
Shareholder Disputes In Florida: Are Mandatory Arbitration Provisions Enforceable?
A shareholder agreement is a contract between the stakeholders of a corporation. When properly drafted, it should define a shareholders’ rights, privileges, and responsibilities. Should a shareholder dispute arise, the first place to look is the shareholder agreement. In it, you may find a mandatory arbitration provision. This raises an important question: Are forced… Read More »
Partnership Dispute: Fox Files Lawsuit Against Flutter
According to a report from CNBC, Fox has filed a lawsuit against Flutter Entertainment, the parent company of the popular sports gaming app/website ‘FanDuel’. The two companies, which are involved in a partnership, are now in a dispute over the price that each side must pay to obtain a greater stake in FanDuel. Here,… Read More »
Florida Appeals Court Dismisses FDUTPA Claim, Upholds Forum Selection Clause
Recently, the Third District Court of Appeal for the State of Florida dismissed a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim on the grounds that the dispute was bound by a valid forum selection clause. In the case of Kenneth Hendel vs. Internet Escrow Services, Inc., the plaintiff was pursuing compensation for… Read More »
Nike Files Trademark Infringement Suit Against Rapper
Copyright and trademark infringement happens in many different ways. But recently, shoe maker Nike found out that when it comes to its sneakers, infringement and human blood will lead to a legal battle. Alteration of a Trademark As a general rule, you cannot take someone’s trademark or copyright and alter it only slightly, sell… Read More »
Protecting Yourself From The Other Side’s Bankruptcy
If you are about to contract with someone else or another company, you may want to make sure that the other side fulfills its contractual obligations. Yes, you can put in the contract any penalty you want (within reason), and can sue if the other side doesn’t abide by their obligations…but what about bankruptcy?… Read More »
