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Monthly Archives: September 2022

Waiver

Hold Harmless Agreements And Liability Waivers: Are They Enforceable?

By Michael Pike and Daniel Lustig |

When you engage in certain kinds of activities, especially athletic events, gyms, or amusement parks, you may notice that when you walk in, and as a condition of entering a business, you are forced to sign a hold harmless document, or a document that contains an exculpatory clause. But what is this document, is… Read More »

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MedMal23

Recognizing And Proving Your Medical Malpractice Case

By Michael Pike and Daniel Lustig |

When something goes wrong at a doctors office or hospital, many of us are aware of the possibility that we may be victims of malpractice. But what is malpractice, and how does anybody actually know if their doctor is liable? Who is Liable and When? Remember that any medical professional can be liable for… Read More »

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AfterCarAccident

What Is Uninsured Motorist Coverage And Do You Need It?

By Michael Pike and Daniel Lustig |

Imagine this pretty terrible scenario: you or somebody in your family is catastrophically injured in a car accident. You sue the other driver who is clearly at fault for the accident. But there is one problem: Although the other driver has insurance, he only has a very small policy—say, $10,000, which is hardly enough… Read More »

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Legal21

What Damages Can Be Recovered In A Civil RICO Lawsuit In Florida?

By Michael Pike and Daniel Lustig |

Racketeering is broadly defined as a type of organized criminal activity through which a perpetrator can make a profit through coordinated fraud, deceit, or other unlawful activities. There are federal and state RICO laws in place that make racketeering a serious criminal offense. Additionally, these statutes also allow affected victims to bring a civil… Read More »

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Legal28

Federal Court In Florida Trims Data Breach Lawsuit, Dismisses FDUTPA Claim

By Michael Pike and Daniel Lustig |

According to a report from The National Law Review, the United States District Court for the Southern District of Florida has limited multi-state litigation over a data breach. In doing so, the court dismissed the Florida Deceptive and Unfair Trade Practices (FDUTPA) claim. In this blog post, our Miami deceptive & unfair trade practices… Read More »

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Partnership2

Partnership Law In Florida: Know Your Legal Options If A Business Partner Uses An Opportunity For Themselves

By Michael Pike and Daniel Lustig |

You and your business partner should always be on the same side. If you find out that your business partner is actually competing directly against your partnership—perhaps by taking a business opportunity for themselves or for another business that they own—it can harm your interests. You have legal options available. In this article, our… Read More »

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Telem2

Head Of Florida-Based Telemarketing Scheme Pleads Guilty In $19 Million Fraud Case

By Michael Pike and Daniel Lustig |

On August 16th, 2022, the United States Attorneys’ Office for the Southern District of New York announced that Steven Short—the former head of a Florida-based telemarketing operation called E.M. Systems & Services, LLC—has pleaded guilty as part of a $19 million credit card fraud scheme. The fraud was linked to a scheme to promote… Read More »

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PartnerAgreement

Can A Partnership Agreement Be Revised After It Is Already Signed In Florida?

By Michael Pike and Daniel Lustig |

A partnership agreement is the foundation of the commercial relationship between business partners. If a legal dispute arises, a Florida court will primarily look to the terms of the partnership agreement to determine each party’s rights and responsibilities. It is crucial that your partnership agreement is well-drafted and that it protects your best interests…. Read More »

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ShareholderDispute

Federal Courts Upholds Wendy’s Shareholder Settlement Over 2015 Data Breach

By Michael Pike and Daniel Lustig |

According to a report from Bloomberg Law, Thomas Caracci, a shareholder of Wendy’s Co., has lost in his attempt to get a shareholder settlement thrown out. The United States Court of Appeals for the Sixth Circuit determined that a lower court was within its discretion when it approved a settlement of a shareholder derivative… Read More »

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Tire_Lugnut

The Importance Of Tire Safety

By Michael Pike and Daniel Lustig |

Something many drivers have been guilty of forgetting about is tire maintenance. However, the state of your tires is incredibly important. According to a report from the National Highway Traffic Safety Administration (NHTSA), over 600 motor vehicle deaths in 2019 can be directly blamed on the tires of vehicles involved.  Furthermore, the report states that… Read More »

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