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Monthly Archives: January 2022

Partnerships

Founding A Start-Up Partnership In Florida? Six Things To Include In Your Partnership Agreement

By Michael Pike and Daniel Lustig |

Florida is a great place to start a new business. According to data from the Small Business Administration (SBA), approximately 85,000 new companies are formed in the state each year. Crunchbase reports that South Florida has become one of the nation’s hottest markets for start-up companies—with start-ups in the region raising more than $1… Read More »

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Legal23

FDUTPA Violations: Defining The Terms “Deceptive” And “Unfair”

By Michael Pike and Daniel Lustig |

Often referred to simply as the “Little FTC Act”, the Florida Deceptive and Unfair Trade Practice Act (FDUTPA) is our state’s most comprehensive consumer protection law. It allows consumers, organizations, and businesses to seek financial relief for damages caused by “deceptive” practices and/or “unfair” commercial conduct. This raises an important question: What constitutes an… Read More »

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Legal27

Paypal Faces Civil RICO Lawsuit For Freezing Customer Accounts

By Michael Pike and Daniel Lustig |

According to a report from Bloomberg, Paypal—the large multinational financial technology company—is facing a civil RICO lawsuit. The claim alleges that the company’s “freezing” of certain customer accounts amounts to racketeering activity. In this blog post, our Miami RICO claims lawyers provide a more detailed overview of the allegations raised against Paypal and explain… Read More »

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BusinessLaw2

Witnesses Must Have Personal Knowledge Of What They Say In Court

By Michael Pike and Daniel Lustig |

When you are in a lawsuit and present evidence in favor of your claim, regardless of whether your witness is live and in person to testify, or whether your witnesses will simply fill out an affidavit, your witness must have personal knowledge of whatever it is that they will say in court. This may… Read More »

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Contract7

How The Economic Loss Rule Could Limit Your Damages

By Michael Pike and Daniel Lustig |

As a general rule, when there is a breach of contract, the damages for the breach are in the contract. Sometimes they are explicitly stated, and sometimes they can be inferred–but either way, someone’s damages for a breach are limited to, and defined by, the terms of the agreement. Suing for More Than the… Read More »

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BusContract3

Amending Complaints, And The Relation Back Doctrine In Business Law Cases

By Michael Pike and Daniel Lustig |

In a typical business law case, there can be a lot of causes of action for one set of circumstances. For example, if an officer of a company were to steal from a company, you could have claims for things like conversion, breach of fiduciary duty, and fraud. This is common in law—there are… Read More »

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BusinessLit2

How Do You Get Evidence In A Business Law Case?

By Michael Pike and Daniel Lustig |

In a typical business law case, there can be a lot of evidence that your business law attorney needs to gather to prove your case, or to defend against any allegations that are made against you. At trial, we always see lawyers with lots of paperwork, evidence, and witnesses. But how does an attorney… Read More »

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Copyright7

Your Copyrights Can Expire. But When?

By Michael Pike and Daniel Lustig |

Let’s say that you create a picture, design, play, book, or piece of artwork—something that is eligible for copyright protection. You register for, and get copyright protection. The rights that come with that copyright protection are yours, and you can leave it to your heirs forever…or can you? Why Copyrights Expire Actually copyrights do… Read More »

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Pennies

Employer Who Paid Employee In Pennies Is Being Sued

By Michael Pike and Daniel Lustig |

When you’re an employer, you probably know that not paying your employees will land you in trouble. But one employer is finding out that you can also get in trouble for how you pay your employees. Mechanic Employee Says He Wasn’t Paid The problem arose when an auto mechanic wasn’t getting paid and was… Read More »

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Legal7

What Is Florida’s “Little FTC Act”?

By Michael Pike and Daniel Lustig |

The Federal Trade Commission Act of 1914 (FTC Act) is one of the most important nationwide consumer protection laws. Signed by President Woodrow Wilson, the FTC Act makes unfair methods of commerce and competition unlawful. Many states have their own version of the FTC Act, including Florida. Modeled after the long-standing federal statute, the… Read More »

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