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Are Hold Harmless Agreements Between Employees and Employers Enforceable?

By Michael Pike and Daniel Lustig |

We’ve probably all seen exculpatory clauses—those provisions in contracts or agreements that require that parties hold harmless other party from liability. These agreements are commonly used in business contracts, and in connection with various high risk activities. But they’re also sometimes used in the context of employment. Is a hold harmless contract between an… Read More »

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Michael W. Shiver Jr., Joins Pike & Lustig LLP

By Michael Pike and Daniel Lustig |

Pike & Lustig is pleased to announce that Michael W. Shiver Jr. has joined our team. Michael Shiver is an AV Preeminent® Rated senior trial attorney specializing in both commercial and catastrophic personal injury cases at Pike & Lustig, LLP. A lifelong resident of Palm Beach County, Mr. Shiver has practiced law for over… Read More »

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3 of the Most Common Personal Injury Claims

By Michael Pike and Daniel Lustig |

While there are a variety of different personal injury claim suits filed every day, three stand out as the most common by far, the first of which are vehicular accident claims. In the United States, motor vehicle crashes are a leading cause of death, and kill over 100 people every day. More so, about… Read More »

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Civil RICO Lawsuits in Florida: What to Know About ‘Continuity’

By Michael Pike and Daniel Lustig |

Through a civil RICO lawsuit, a plaintiff can hold defendant(s) liable for damages caused by a pattern of racketeering activity. Florida courts are clear—a RICO violation is more than “garden variety fraud.” You must establish a pattern of related misconduct. In determining if a pattern exists, one of the things that courts look for… Read More »

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ConsumerData

FDUTPA: The Term “Unfair or Deceptive Act” is Construed Liberally

By Michael Pike and Daniel Lustig |

Companies that engage in fraudulent or unjust commercial activities can be held accountable for the damage they cause to consumers and other businesses. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful consumer protection statute. The FDUTPA allows consumers to file a lawsuit to get compensation for losses related to an… Read More »

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Partnership Disputes and Your Taxes: What You Need to Know

By Michael Pike and Daniel Lustig |

Partnerships are taxed as pass-through entities. In effect, this means that the profits (and losses) from the business “pass” directly to the partner. Each partner is then responsible for reporting the income and paying tax on their individual return. This raises an important question: How do you deal with taxes when partnership income is… Read More »

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Considerations for a Business Succession Plan

By Michael Pike and Daniel Lustig |

No matter how good of a business person you are, one thing is for certain: Time will catch up to everyone. But the good news is that your business can outlast all of us—that is, assuming you have a good business succession plan. How Businesses are Lost Certainly, businesses can be lost in any… Read More »

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The Benefits of Forming an LLC

By Michael Pike and Daniel Lustig |

Business, companies, LLCs…to many people these are all the same. And while they do have some similarities, there are some advantages of incorporating as, or transferring to, an LLC as opposed to a traditional C-corp. Tax Benefits One huge advantage of incorporating as an LLC is for tax reasons. Florida LLCs allow for what… Read More »

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Legal17

Does the Head of Household Exemption Apply to Independent Contractors?

By Michael Pike and Daniel Lustig |

Florida has a generous exemption from collections for the garnishment of wages. But this exemption may be limited for independent contractors. It’s something you should be aware of, whether you are someone who may need to collect a judgment from a debtor, or whether you could be a debtor yourself, owing a creditor money…. Read More »

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Shareholder Deadlock Disputes: An Overview

By Michael Pike and Daniel Lustig |

A closely held corporation is a company with a limited number of shareholders. In some cases, a closely held corporation may have as little as two shareholders. Shareholders deadlocks are among the biggest threats to smaller companies. A deadlock can cause serious problems for a corporation—potentially even grinding operations to a halt. Here, our… Read More »

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