Monthly Archives: October 2021
Considerations In Settlement Agreements
So it looks like you are about to settle that business lawsuit that has cost you time and money litigating in court. Congratulations; settling can often be a smarter, wiser (and cheaper) choice than going to trial. But before you settle, you need to sign a settlement agreement. What should you look out for… Read More »
Apple Learns Lesson In Magnuson-Moss Warranty Law…And You Can Too
If your company offers a warranty, that’s fine. In fact, it can be good business to offer a warranty. But like the old adage about having your cake and eating it too says, you can’t offer a warranty, allow customers to rely on it, and then not offer what you’re promising. At least, that’s… Read More »
Who Can Be Named As A Defendant In A Civil RICO Lawsuit?
Through a civil RICO claim, a plaintiff can take action to hold individuals, businesses, and other entities legally liable for damages caused by racketeering activity. Federal and state civil RICO laws offer a powerful remedy—a plaintiff can claim treble damages (three times their actual losses) through a successful lawsuit. However, civil RICO claims are… Read More »
FDUTPA Watch: Florida Court Allows Competitor To Recover For Lost Profits In Deceptive And Unfair Practices Claims
A recent ruling in a key FDUTPA case in South Florida has expanded this ability of corporate competitor plaintiffs to recover financial compensation for their damages. In the case of Tymar Distribution LLC v. Mitchell Group USA, LLC the court determined that corporate-competitor plaintiffs have the right to seek compensation for “lost profits” under… Read More »
Partnership Disputes: Who Owns Intellectual Property After The Business Dissolves?
A partnership can be an effective and successful way to run a business in Florida. Of course, businesses do not always last forever. There may be a time when you and your business partners move to dissolve the partnership and move on to other opportunities. Partnership dissolution is complicated. It can raise a lot… Read More »
What Is Accord And Satisfaction?
Let’s say that someone owes you money. They agree to that. What they don’t agree to, is how much they owe. They send to you the part of the debt that they feel is legitimate and owed. You, of course, take what they have offered, and you prepare to file a lawsuit to collect… Read More »
Marvel Lawsuit Highlights The Work For Hire Doctrine
When you create a work when you are employed, the work you create is generally called a work for hire. This means that although you created a potentially copyrighted work, it isn’t really yours—it belongs to your employer, as creating it was part of your job duties. Comic Book Creators and Copyright Disputes Nowhere… Read More »
HIPAA Compliance, And HIPAA’s Florida Counterpart
Many people know what HIPAA is, even if they don’t know the intricacies of the law. As a general rule, the federal government, through HIPAA, protects your medical information and data, almost completely. But what people don’t know is that Florida has its own version of HIPAA, and in many cases, it can be… Read More »
Understanding Boating Accident Liability In Florida
Florida has the most registered boats out of any state in the US. And with lots of registered boats come lots of potential accidents on the water. So, who is liable in a boating accident? How is that determined? Obviously, liability for boating injuries will depend on the details of the accident. Anyone who… Read More »
Timothy O’Neill Joins Pike & Lustig LLP
Pike & Lustig is pleased to announce the addition of Timothy O’Neill as senior associate and trial attorney at Pike & Lustig LLP. Timothy O’Neill practices in the areas of business litigation, partnership disputes, real estate litigation, estate, and trust litigation, and intellectual property litigation. Timothy received his Bachelor of Science Degree from the University… Read More »
