Recent Blog Posts
Royalties and Licenses for Public Performance of Music
Let’s say that you have a business, and you think it would be a good idea to have some music in the background. You’re not a concert hall, and you’re not selling music—you just want to create a nice environment for your customers. You put on some music over your speakers, but before you… Read More »
Forming a Contract: What is a Meeting of the Minds?
A contract is more than a mere promise. For an agreement to be legally enforceable in Florida, a valid contract must be formed. That requires an offer, an acceptance, and consideration between both parties. Beyond that, there must be a “meeting of the minds.” A meeting of the minds is mutual assent to the… Read More »
Is Your Company Facing a False Advertising Complaint? Four Steps to Protect Your Rights
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers (and businesses) to hold companies liable for damages caused by deceptive and otherwise unfair practices, including false advertising. If your company is facing a complaint for false advertising, a proactive approach is a must. Here, our Miami FDUTPA… Read More »
Florida Attorney General Jumps Into Contract Dispute Between the ACC and FSU
The Atlantic Coast Conference (ACC) is locked in an ongoing contract dispute with Florida State University (FSU). The college wants out of the conference early on the grounds of an alleged breach. In turn, the ACC is suing FSU seeking the payment of a massive early termination fee. Florida officials are now stepping in…. Read More »
How Do I Get Out of an Unfavorable Partnership?
Are you locked in an unfavorable partnership? With a proactive approach, you may be able to get out of the agreement. At Pike & Lustig, LLP, we handle the full range of partnership claims. Within this article, our West Palm Beach partnership lawyer provides an overview of your options for getting out of an… Read More »
Breach of Contract: How are Contracts Interpreted in Florida?
Are you locked in a breach of contract dispute? Do you and the other party have a disagreement over the interpretation of the agreement? You may be wondering how contracts are interpreted by courts in Florida. Here, our Miami commercial litigation attorney explains the most important things you should know about contract interpretation in… Read More »
What Options Do I Have If I Was a Victim of Consumer Fraud in Florida?
Were you the victim of consumer fraud? It is normal to feel frustrated, overwhelmed, and ready to fight for justice. This raises an important question: What legal options are available for consumer fraud victims in Florida? Here, our West Palm Beach FDUTPA lawyer answers the questions by providing an overview of your options if… Read More »
Netflix Prevails in a Shareholder Lawsuit Over Account-Sharing
On January 8th, 2024, Reuters reported that Netflix prevailed in court in a shareholder lawsuit. The lawsuit—which was brought on behalf of Netflix shareholders between January of 2021 and April of 2022—alleged that the company made material misrepresentations about the extent to which account-sharing was hurting its growth. Here, our Miami shareholder dispute attorney… Read More »
Understanding the Florida Homestead Exemption
If you are in debt and have creditors coming after you, or perhaps if you are a creditor, and are trying to collect a consumer debt, you may have heard that if you have a homestead in Florida, that homestead is completely exempt from collections, regardless of how big or how expensive or how… Read More »
The Benefits of a Personal Guarantee
As you probably know, when someone signs a contract in his or her official capacity for and on behalf of a company, only the company, not the person signing can ever be held liable for damages in the event of a breach of that contract, absent certain specified exceptions in the law. This is… Read More »
Is a Private Trial Right for You?
There is a seemingly never ending desire to try to work out conflict, without the cost, time and expense, of going to trial. Alternative dispute resolution (ADR) has filled this void to some extent, with contracts that routinely require mediation and arbitration to resolve disputes. But there is another, much lesser known and less… Read More »
When is a Liquidated Damages Provision Unreasonable? (An Overview of Florida Law)
When one party breaches a contract, the other party has the right to pursue all available legal remedies. Most often, this involves seeking financial compensation through a breach of contract claim. In Florida, the non-breaching party is generally restricted to recovering for “actual damages.” That being said, parties may opt to include a liquidated… Read More »
Woman in Florida Sues Hershey’s for “Deceptive” Packaging; Alleges FDUTPA Violation
On January 2nd, 2024, Fox 35 Orlando reported that a woman in Hillsborough County has filed a Florida Deceptive and Unfair Trade Practices (FDUTPA) complaint against Hershey’s, the Pennsylvania based multinational confectionery corporation. She contends that the company used deceptive packaging to market its ultra-popular “Reese’s” candy product. Here, our West Palm Beach deceptive… Read More »
Miami-Dade County Judge Rules in Favor of Bank, Against former Officers/Directors
On January 3rd, 2024, the South Florida Business Journal ruled in favor of a financial institution in a shareholder dispute involving a conflict with its former officers and directors. Notably, the officers and directors in question were all shareholders in the company. U.S. Century Bank—the Miami-Dade County based community bank—prevailed in its motion to… Read More »
Understanding Business Partitions
You may be aware that businesses can be owned by more than one person, regardless of the type of business entity. Whether an LLC, or a partnership, or a company, there are often multiple owners. But when those owners have a dispute, and one that can’t be resolved, often the only option is to… Read More »
Things You Didn’t Know About Corporate Bylaws
If you start a business, you’re probably doing it because that’s the business you want to get into, and so that you can use your business skills for a profit. You didn’t go into business to draft paperwork, including bylaws. You’ve heard of bylaws, and people have said you need them, but there are… Read More »
Your Business Can be Hit With Serious Damages in Employment Discrimination Cases
As a business owner, you hopefully are aware of the many laws that protect workers, and which tell you, as an employer, what you can and cannot do when it comes to your employees. Whether discrimination or retaliation or lawsuits involving improper pay or salaries, one thing is certain: violating state and federal employee… Read More »
CFPB Unveils New Regulations Coming as FDIC Announces Proposed Rule Related False Advertising
On December 20th, 2023, the Consumer Financial Protection Bureau (CFPB) announced a significant crackdown on FDIC-related false advertising. Federal regulators emphasize that many non-traditional financial institutions are making material misrepresentations to consumers—misleading them into believing that their account is FDIC insured when that is not the case. Within this blog post, our Miami deceptive… Read More »
Supreme Court Considering Hearing Business Partnership Tax Dispute
On December 18th, 2023, Bloomberg Tax reported that the Supreme Court of the United States is considering taking up a business partnership tax dispute. It could have significant implications for the future of the taxation of business partnerships at the federal and state level. Within this blog post, our West Palm Beach partnership dispute… Read More »
Partnership Gone Wrong? Florida State Board Approves Lawsuit Against ACC
Florida State University (FSU) has had a tumultuous year on the football field. The team went undefeated. Yet, after an injury to their star Quarterback Jordan Travis, they were left out of the four-team college football playoff. Now, FSU finds itself in a major dispute with its conference. On December 22nd, 2023, the Tallahassee… Read More »
