Monthly Archives: September 2021
Consumer Injury Is An Essential Requirement Of An FDUTPA Claim
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) bars businesses from commercial practices that are unfair, deceptive, unconscionable, or otherwise against public policy. Most FDUTPA claims are filed by consumers—either an individual consumer or as part of a class action. That being said, non-consumers can file an FDUTPA claim. To bring a successful… Read More »
Someone Who Owes You Money Files For Bankruptcy – What Do You Do Now?
Your company may not be near bankruptcy, or even thinking about bankruptcy. But then it happens—a company or person you are suing files for bankruptcy. What do you do now? Bankruptcy Happens If a company or person doesn’t pay you, or you have a contractual dispute with a company that you are suing, it’s… Read More »
False Advertising Claims Are Becoming More Common
Your business does things the right way. By the book. With honesty. You can’t imagine that your business would ever be hit with a false advertising lawsuit, either by a private citizen or by a government agency. But more and more, false advertising claims are becoming common, and your business can learn something from… Read More »
Summary Judgment: A Decision Before A Trial
You often hear about cases getting determined, before a party even gets a full trial. The parties don’t get the chance to testify, they don’t get the chance to put evidence in front of the jury (if it is a jury trial), and their case ends, seemingly, very early. How is this possible? Summary… Read More »
Why So Many Civil RICO Claims Do Not Survive The Pleadings Stage
Through a federal or state civil RICO claim, a plaintiff can hold a business, organization, or other enterprise legally liable for damages caused by racketeering activity. As RICO allows for the recovery of treble damages, it is a strong legal tool for parties who suffered losses due to a pattern of unlawful racketeering activity…. Read More »
What Is The Difference Between A Shareholder And A Stakeholder?
The modern business environment is hyper competitive. It takes the contributions of many different people to make a successful company. Those who have a direct ownership interest in a corporation are called shareholders. Those who have any type of interest in the corporation are called stakeholders. In this blog post, our West Palm Beach… Read More »
Three Things That Make Partnership Disputes In Family Businesses Different
A dispute between business partners can always create problems. When those business partners are always family members, the matter can be especially fraught. Although there are many similarities to non-family business disputes, there are also some things that make intra-family partnership disputes unique. In this article, our Miami partnership disputes lawyers highlight three key… Read More »
Florida Restaurants May Have An Easier Time Selling Alcohol To Go
The state of Florida is providing some relief to food service establishments that sell alcohol. But like so many aspects of the alcohol and food service industry, businesses should be careful as the new laws contain a number of exceptions and technical requirements that must be followed. Temporary Changes are Now Permanent During the… Read More »
Health Tech Companies Must Comply With Data Breach Laws
We love devices to tell us about our health. From fitness and heart rate monitors, to watches that give us oxygen blood levels and EKGs, the future is health information at our fingerprints. But if you thought a data breach intercepting our bank account information was bad, what about a data breach with these… Read More »
Successor Or Alter Ego Company? It Makes A Difference
So your company didn’t do well. Maybe it closed, you liquidated it, or filed for bankruptcy. But you’re convinced that if you can do it again, and do it the right way, things can be different this time. Should you start what is known as a successor company? Successor Companies A successor company is… Read More »