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Monthly Archives: February 2025

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What is Promissory Estoppel?

By Michael Pike and Daniel Lustig |

Is a promise a contract? Legally, it is not. A promise, on its own, has no elements of an actual contract. It has no offer, no acceptance, no consideration, and not even a meeting of the minds. But don’t let that fool you—a promise, specifically a broken promise, can absolutely form the basis of… Read More »

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Considerations When You or an Employee of Your Company Files for Bankruptcy

By Michael Pike and Daniel Lustig |

If you have a job, or you own a company, there may be life events that happen to you that you would rather be kept secret. One of those things may be bankruptcy. There certainly is no shame in bankruptcy—people do it all the time, and often, because of circumstances that they didn’t cause…. Read More »

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How To Handle a Demand Letter Sent to You or Your Business

By Michael Pike and Daniel Lustig |

So you’re sitting in or at your business, doing your own thing and seemingly out of anybody’s way. And then it comes: a demand letter from an attorney shows up in the mail or by email. It is long, has a lot of threats, and plenty of laws which you may not understand. What… Read More »

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Generic Marks Can be Trademarked If There’s a URL Suffix

By Michael Pike and Daniel Lustig |

A trademark is a mark—a logo, slogan, or saying, for example—which distinguishes a product or brand from the rest of the marketplace. Trademarks are all around us. They can be in the design of McDonald’s packaging or the arrow in Target’s logo or the phrase “America Runs on Dunkin.” In each case, you not… Read More »

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What is Replevin and How Can it Help You?

By Michael Pike and Daniel Lustig |

When someone takes or keeps your property, you understandably want it back. To get it back, you often have to go to court. What you’re really asking for is the remedy of replevin. When Do You Need Replevin? Imagine scenarios where someone else takes wrongfully, or retains wrongfully, property that belongs to you. This… Read More »

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You Can be Sued for Employee Harassment Outside of Work Hours

By Michael Pike and Daniel Lustig |

As an employer with employees, you hopefully take special care to avoid discrimination, harassment, or the feeling that any employee is being treated in a hostile or insulting way. That’s in the office. But what about outside of it? Could your business get sued if an employee feels harassed outside of work hours? Before… Read More »

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What is the Essential Functions Test Under the ADA?

By Michael Pike and Daniel Lustig |

Let’s say that you have an employee who comes to you with a disability and requests an accommodation. You try, but the employee says that you didn’t do enough to accommodate him or her, and you end up being sued for violating the Americans With Disabilities Act (ADA). It may seem like a tough… Read More »

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Liability When Realtors Make Errors or Omissions

By Michael Pike and Daniel Lustig |

If you are a realtor, you probably don’t give much thought to being sued. Realtors aren’t on the top of people’s minds when it comes to litigation-risky professions. And yet, realtors are entrusted with deals that are often worth as much or more than the typical daily business contract deal. When there’s that much… Read More »

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Material Breaches, Time Deadlines and Payment Deadlines in Contracts

By Michael Pike and Daniel Lustig |

When there is a breach of contract, you can sue, and get your damages. That sounds easy, but is that really all there is to it? Not exactly, because what a lot of people don’t realize is that often, it’s about what type or kind of breach has occurred. Different Breaches As a general… Read More »

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Conor McGregor Sued Civilly for Sexual Battery in Florida

By Michael Pike and Daniel Lustig |

According to a report from the Associated Press (AP), Conor McGregor—the famed and controversial UFC star—is facing a civil sexual assault lawsuit in Florida. Mr. McGregor is accused of committing an act of sexual battery upon a victim at the 2023 NBA Finals—which was being played between the Miami Heat and the Denver Nuggets…. Read More »

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Is it Possible to Re-Open a Truck Accident Injury Settlement in Florida?

By Michael Pike and Daniel Lustig |

According to data from the Florida Highway Safety and Motor Vehicles (FLHSMV), there are around 35,000 eighteen wheeler accidents reported in the state each year. Following a crash with a large truck, you have the right to seek an insurance settlement that documents your damages. You need to get that settlement right. In Florida,… Read More »

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Why Medical Records are So Important After a Semi-Truck Accident

By Michael Pike and Daniel Lustig |

Commercial truck accidents are a significant safety threat on our roads. The Florida Highway Safety and Motor Vehicles (FLHSMV) reports that large truck accidents are disproportionately likely to result in serious injuries. If you were hurt in a crash with a tractor trailer, your medical records are foundational to your personal injury claim. Here,… Read More »

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