Category Archives: Business Litigation
Copyright Fair Use: Know the Basics
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 »
Attorney, Advocate and Counselor: How Each Role Helps Your Business
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 »
How to Get Certified as a Class for a Class Action Lawsuit
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 »
Multi-Member LLCs in Florida: The Importance of an Operating Agreement
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 »
Shareholders: What Records Can They Legally Review?
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 »
When Can a Nonbreaching Party Get Out of Performing Under a Contract?
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 »
Dealing With LLC Members Who Disagree, or Who Aren’t Pulling Their Weight
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 »
Three Key Limitations on Damages in Breach of Contract Claims in Florida
Through a breach of contract claim in Florida, a non-breaching party can pursue financial compensation for its damages. At Pike & Lustig, LLP, we represent both plaintiffs and defendants in breach of contract cases. Our commercial law firm helps clients navigate breach of contract disputes. Here, our Miami breach of contract attorney highlights three… Read More »
Contract Law Basics in Florida: What is Consideration?
A contract is legally binding. It is formed when there is an offer, an acceptance, and, importantly, consideration by both parties. Without consideration, there is no enforceable contract in Florida. Here, our West Palm Beach business litigation attorney explains what consideration is, why it is important, and how it affects contract formation in Florida…. Read More »
Three Signs You Should Try to Mediate a Contract Dispute
In Florida, mediation is “is an informal and non adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement” (Florida Statutes § 44.1011). If you are locked in a contract dispute, mediation may be the best option to find a cost-effective, efficient solution. Here, our Miami business… Read More »
Starting a Partnership With a Spouse
If you are looking for a partner to start a business with, your first thought might be to start a business with your spouse. After all, you may (hopefully) already get along with and work well with your spouse, and he or she already may know the ins and outs of your possible business—as… Read More »
What is a Shell Company and What is it Used For?
Just the words “shell company,” create images of corruption, hiding assets, and furtive secretive motives. That’s largely from the movies and TV. While shell companies can, and have been, used to skirt the law, in reality and most of the time, shell companies have a legitimate business purpose. Why Use Shell Companies? Shell companies,… Read More »
The Use of the Lis Pendens in Business Litigation
When people buy property, they often do public record checks, to make sure that the owner of the property actually owns the property. When such a search is done, it may reveal a lis pendens. What is a Lis Pendens? A lis pendens is a document that is filed in the public records, that… Read More »
Eviction and Ejectment: What’s the Difference?
On the one hand, you know what a foreclosure is—when someone doesn’t pay a loan or mortgage on secured property the lender takes the property back and sells it pursuant to the terms of the mortgage. And you also likely know what an eviction is, when a tenant breaks a lease or isn’t complying… Read More »
Why Do Shareholder Derivative Lawsuits Get Filed?
When you have shareholders, and those shareholders become upset at the way the company is being governed, or at the decisions the company makes, those shareholders can file what is called a shareholder derivative lawsuit against the company. A derivative lawsuit is a shareholder, on behalf of all shareholders, who sues the company and… Read More »
Four Tips to Prevent Commercial Contract Disputes
No company wants to get stuck dealing with the time, cost, and stress of a contract dispute. While you cannot eliminate the risk, there are proactive steps that you can take that will dramatically reduce the odds of a disagreement over a commercial contract. At Pike & Lustig, LLP, we are committed to helping… Read More »
Supreme Court Changes Definition of “Adverse Employment Action”
In many employment discrimination cases including cases that allege retaliation and whistleblowing, the issue isn’t whether the employee was harassed or made to feel insignificant in some way. Instead, the issue is whether the employee actually had something bad happen to him or her at work—often called adverse employment actions. What is an Adverse… Read More »
Some Basics of Service of Process
In the United States, we have a constitutionally guaranteed right to due process. Although complex, two of the fundamental due process rights are notice and the opportunity to be heard. That’s why being served with lawsuits is so vital; a court cannot adjudicate your rights without you knowing that a court action exists, which… Read More »
Understanding Contracts of Adhesion
We tend to think that business contracts are the product of back and forth negotiation, where both sides hammer out language and terms that are mutually acceptable to them. While that can happen in many kinds of business agreements, often, there is a different kind of business contract: one that is truly a “take… Read More »
What is a Clawback Lawsuit and What if You’re Served With One?
Let’s say that your business gets a really great deal, on inventory, or a product, or piece of machinery, or a vehicle. It’s a really great deal—but you know that the seller is going through some financial troubles, so it makes sense that the seller may want to generate some quick cash. Or maybe… Read More »
