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Copyright Fair Use: Know the Basics

By Michael Pike and Daniel Lustig |

Have you ever heard of or seen someone else use what you know is copyrighted material, and yet, you’re pretty certain they didn’t pay for or get permission to use that material? One way that they may be doing that is through what is known as the fair use doctrine. But be careful—there is… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Attorney, Advocate and Counselor: How Each Role Helps Your Business

By Michael Pike and Daniel Lustig |

When you think of needing or hiring an attorney, you know your attorney is on your side, but you probably think of your business lawyer more as an expense, than as a business partner, with the goal to save you money, or keep your business running smoothly. But although you may think of your… Read More »

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How to Get Certified as a Class for a Class Action Lawsuit

By Michael Pike and Daniel Lustig |

Class action lawsuits can be a savior or a plague, depending on what side of the fence you are on. For consumers and many individuals, class actions are a way of getting compensation for losses that otherwise may not be worth the time and effort of pursuing individually. For businesses on the wrong end… Read More »

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The First Four Steps to Take When Facing a Breach of Contract Lawsuit in Florida

By Michael Pike and Daniel Lustig |

Are you or your company facing allegations of a breach of contract in Florida? If the counterparty is already preparing to file a lawsuit—or you have already been served with a complaint—it is imperative that you take immediate action to protect your rights, your interests, and your  business. Here, our West Palm Beach commercial… Read More »

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Crocs Case Could Have Big Implications for Future of False Advertising Claims

By Michael Pike and Daniel Lustig |

As reported by Bloomberg Law News, the false advertising case against Crocs—the Colorado based footwear company—is proceeding in federal court. It is a high-profile legal matter that could potentially have significant ramifications for the future of false advertising law. A federal court must determine the line between false advertising and mere puffery. Here, our… Read More »

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Suspect Your Business Partner in Embezzlement Funds? Here is What You Need to Do Next

By Michael Pike and Daniel Lustig |

You have to put a tremendous amount of trust in the hands of your business partner. Embezzlement is a serious breach of that trust. It is a legally actionable—sometimes even criminal—offense. You may have a civil claim. Here, our Miami partnership litigation attorney explains what you should do if you suspect that your business… Read More »

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Can You Keep Former Employees From Using or Contracting Your Referral Sources?

By Michael Pike and Daniel Lustig |

You may have heard that as of now, noncompete agreements have been rendered unenforceable by the federal government, at least until challenges to the bar are resolved by courts nationwide. But aside from protecting yourself by restricting where former employees can work, you may also want to protect an equally valuable interest: your referral… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Could You Be Personally Liable for an FLSA Violation?

By Michael Pike and Daniel Lustig |

If you have a business with employees, you likely already know how important it is to comply with the Fair Labor Standards Act (FLSA). The FLSA requires, among other things, that employees be paid at least minimum wage for time worked, and time and a half for any overtime worked (that is, time that… Read More »

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How Much Do You Know About Workplace Retaliation?

By Michael Pike and Daniel Lustig |

Many employers are well aware of what they can and cannot say or do when it comes to discrimination or harassment in the workplace. But there is one form of illegal harassment that many employers overlook, or which they are not aware of: Retaliation. Why Retaliation Can Get You in Trouble Retaliation is dangerous… Read More »

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Multi-Member LLCs in Florida: The Importance of an Operating Agreement

By Michael Pike and Daniel Lustig |

A limited liability company (LLC) is a business structure that blends some of the advantages of both partnerships and traditional corporations. A multi-member LLC is simply a business with two or more owners. In Florida, an LLC can technically have an unlimited number of owners. While not mandatory under the law, it is crucial… Read More »

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Can Businesses Recover Consequential Damages in a Breach of Contract Claim in Florida?

By Michael Pike and Daniel Lustig |

Through a breach of contract claim, a non-breaching party can seek compensation for damages. In Florida, consequential damages may be recovered in a breach of contract claim. However, a business can only seek consequential damages as a remedy if it can prove that those losses were foreseeable. Within this article, our Miami commercial litigation… Read More »

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Under Armour Will Pay More than $400 Million to Resolve Shareholder Lawsuit Over Sales Disclosures

By Michael Pike and Daniel Lustig |

On June 22nd, 2024, CNN reported that Under Armour—the Baltimore, Maryland based sportswear company—has agreed to pay approximately $400 million to resolve a shareholder lawsuit over alleged improper sales-related disclosures. Here, our Miami shareholder litigation lawyer discusses the allegations, the legal issues, and the settlement agreement in more detail. Background: Shareholder Allege Under Armour… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

How to Prepare for Mediation With a Business Partner in Florida

By Michael Pike and Daniel Lustig |

Are you trying to navigate a dispute with a business partner? Mediation can be an effective option for alternative dispute resolution (ADR). Before you enter partnership mediation, you need to be properly prepared. In this article, our Miami partnership dispute lawyers provide an overview of the key things to know about getting prepared for… Read More »

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Know the Basics: The Four Key Elements of a Breach of Contract Claim in Florida

By Michael Pike and Daniel Lustig |

The breach of a contract can cause serious financial distress to the non-breaching party. You have the right to take legal action to seek a remedy—usually financial compensation—to account for a contract breach in Florida. When you bring a civil legal claim, you have the obligation of proving every required element. At Pike &… Read More »

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Where Should a Shareholder File a Lawsuit?

By Michael Pike and Daniel Lustig |

Are you a shareholder who is considering taking legal action against a corporation? Whether you are considering filing a direct action or a derivative action, it is crucial that you understand the appropriate venue for your case. At Pike & Lustig, LLP, we have deep experience with shareholder law. Here, our Miami shareholder dispute… Read More »

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Shareholders: What Records Can They Legally Review?

By Michael Pike and Daniel Lustig |

If you are a business with shareholders, you probably think of those shareholders as investors—and that’s what they are. But they aren’t only investors. They also have rights, in connection with their investment. When shareholders ask to assert their rights—particularly the right to review or look at corporate documents or information—you may have questions… Read More »

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When Can a Nonbreaching Party Get Out of Performing Under a Contract?

By Michael Pike and Daniel Lustig |

Imagine this scenario: You have a contract, say, with a contractor that is supposed to do work with your company. But the contractor doesn’t do the work that it was supposed to do. As a result, you don’t pay. And then you get sued for nonpayment. Your obvious defense: the contractor didn’t perform so… Read More »

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Dealing With LLC Members Who Disagree, or Who Aren’t Pulling Their Weight

By Michael Pike and Daniel Lustig |

In an LLC you may have a number of managing members or managers, and whenever you have a business structure with multiple chiefs, there is always the chance of dispute or conflict. Even if there isn’t a dispute over a particular issue, sometimes there is the feeling that a manager just isn’t carrying his… Read More »

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Defenses to Tortious Interference with Contract Claims

By Michael Pike and Daniel Lustig |

In Florida, when two parties have a contract to do some kind of business with each other, it is illegal to interfere with that contract. Doing that can end up getting you sued for what is known as tortious interference with the contract. The Elements of the Tort Interrupting, disrupting, or inducing or causing… Read More »

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Whistleblowing When There is a Confidentiality Agreement or NDA in Place

By Michael Pike and Daniel Lustig |

Under the False Claims Act (FCA), an employee or other officer of the company can report illegal activity by the company to the government, and can do so safely and with legal protections. In some cases, the whistleblower may even be able to share in whatever financial recovery the government receives as a result… Read More »

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