Author Archives: Michael Pike and Daniel Lustig
Hold Harmless and Liability Waivers: Make Them Enforceable
Let’s say that you are in a business or an industry where you have concern that you could end up getting sued—particularly sued for injuries. There are a lot of ways to run your business as safely as possible, but you are concerned there may be no guaranteed, foolproof way to insulate yourself from… Read More »
The Dangers of Commingling Business and Personal Assets and Property
One of the great things about operating as a duly formed and legally recognized Florida corporation is the corporate protection for liabilities. Absent personal wrongdoing (like fraud), or your signing a personal guarantee, your personal assets cannot be touched or collected upon, to satisfy the debts, liabilities, or judgments, of the company. But despite… Read More »
Loans, Interest and Usury: It’s Not as Easy as You Think
If you are in the business of loaning money to other people, and you charge interest, you hopefully know about the maximum legal interest rate that you can charge. Go above that rate, and you’re not only breaking the law, but you could end up losing all the money that you borrowed—in addition to… Read More »
Temporary Injunctions: Pros and Cons
When people or businesses sue, they usually sue for money damages. But often, they will also ask for an injunction. An injunction is a court order that stops someone from doing something or from engaging in a specific behavior. When are Temporary Injunctions Needed? Injunctions are common for things like intellectual property infringement, where… Read More »
Can You Protect Referral Sources in Your Non Compete Agreements?
If you have a business and you want to protect your business interests, you should be using a noncompete agreement. Noncompete agreements will keep your employees from leaving your employ, and jumping to competitors businesses (or from starting their own businesses). This can ensure that you can train your employees, and expose them to… Read More »
Your Competitors Can Sue You For Fake and False Product Reviews
It’s no secret that most people nowadays, when making an online purchase, tend to look at online reviews, to see if the product or service they are getting works and is legitimate. But more and more, these online reviews are being manipulated. Legal Liability Whether it’s a rival posting false negative reviews, or a… Read More »
Computer Snooping Can Lead to Big Problems
We all know how sensitive the data that we post on social media is, or the data that we just keep stored in our computers or devices. That’s why when there is a dispute—be it a business dispute, a family law dispute, a probate dispute, or some other legal dispute-it can be really tempting… Read More »
Can a Party’s Failure to Reject (Silence) Be Sufficient to Form a Contract in Florida?
For a legally enforceable contract to be formed in Florida, there needs to be an officer, a meeting of the minds, and an acceptance. What if a party never actually responded with an affirmative written or verbal “yes.” Can a contract ever be formed in Florida based on failure to reject (silence)? It is… Read More »
Federal Regulatory Action and Florida Lawsuit Brings a Stop to Deceptive Practices By Chargebacks911
On November 7th 2023, the Federal Trade Commission (FTC) announced regulatory action to stop a company called Chargebacks911—a financial consultancy firm based in Clearwater, Florida—from engaging in deceptive and unfair commercial practices. Notably, Chargebacks911 was also sued for FDUTPA violations by the Florida Office of the Attorney General. Within this article, our Miami deceptive… Read More »
Target Seeks Dismissal of Shareholder Lawsuit from Federal Judge in Florida
According to a report from Reuters, Target is seeking the dismissal of a shareholder lawsuit from a federal judge in Florida. The company is facing legal action from a shareholder over the fall out of its Pride-Month marketing campaign. The retailer argues that the shareholder lawsuit is politically motivated and that no violation of… Read More »
