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Category Archives: Business Litigation

Lawsuit3

What is Business Defamation and Can My Company Recover Compensation for Damages?

By Michael Pike and Daniel Lustig |

A company’s reputation is core to its commercial viability. False and/or malicious statements by a third party could cause serious financial harm to a business. In some cases, these types of statements may rise to the level of actionable legal defamation. Here, our West Palm Beach business litigation attorneys explain the basics of a… Read More »

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BusAgree

Florida Appeals Court Awards Former Condo Owner Attorneys’ Fees After the Condo Association Failed to Prosecute its Claim

By Michael Pike and Daniel Lustig |

On November 6th, 2019, the Fourth District Court of Appeals for the state of Florida ruled in favor of a former condo owner in a dispute over attorneys’ fees. In the case of Victor Tison v. Clairmont Condominium F Association, Inc, the appeals court determined that former condo owner was still entitled to recover… Read More »

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BreachContract

Breach of Contract Claims: The Foreseeability Standard

By Michael Pike and Daniel Lustig |

Unfortunately, parties do not always follow through with the terms of their commercial agreements. A breach of contract can cause significant financial harm to the non-breaching party. Under Florida law, individuals and businesses can hold a defendant legally liable for damages related to a breach of contract. What damages are recoverable in a breach… Read More »

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BusinessLawyer

Can You Use Promissory Notes to Fund Your Business?

By Michael Pike and Daniel Lustig |

Businesses often need access to capital — especially when they are just starting out. In Florida, there are a number of different methods that companies can use to obtain financing. One of the most straightforward and efficient financing options for small and mid-sized firms are called promissory notes. Here, our West Palm Beach business… Read More »

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BusinessLit

Federal Trade Commission Orders YouTube to Pay a Record $170 Million Fine for Violating a Child Privacy Law

By Michael Pike and Daniel Lustig |

According to reporting from the Miami Herald, Google — the owner of the popular video sharing service ‘YouTube’ — will pay a record high $170 million fine to resolve allegations raised by the Federal Trade Commission (FTC). Recently, the FTC took action, accusing the company of violating the Children’s Online Privacy Protection Act (COPPA)…. Read More »

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Litigation5

Non Compete Agreements in Florida: What is a Legitimate Business Interest?

By Michael Pike and Daniel Lustig |

A non compete agreement is a contract under which one party commits to refraining from engaging in competition with another party for a pre-defined period of time. Notably, a non compete agreement is a restrictive covenant and a restraint on trade. Under Florida law (Florida Statutes § 542.335), non compete contracts must conform to… Read More »

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Florida Appeals Court Rules Contract Language ‘Unambiguous’, Enforces Agreement

By Michael Pike and Daniel Lustig |

On July 10th, 2019, the Fourth District Court of Appeal for the State of Florida found that a termination provision within a contract was not ambiguous. As a consequence, it upheld the contract and allowed Marriott to terminate the agreement. In the case of Corporate Creations International v. Marriott International, the West Palm Beach-based… Read More »

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CorpDef

Tips for Negotiating Commercial Agreements With Independent Contractors

By Michael Pike and Daniel Lustig |

In the modern business world, an increasing number of companies are relying on work done by independent contractors. If your Florida business is considering hiring an independent contractor, or any other type of outside consultant, it is crucial that you have a properly structured business contract. There are some unique issues that must be… Read More »

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Legal8

Report: Tampa Bay Lightning Owner Failed to Properly Register Corporation With State of Florida

By Michael Pike and Daniel Lustig |

According to reporting from the Sunshine State News, Jeff Vinik — the owner of the National Hockey League’s (NHL) Tampa Bay Lightning — has not registered the Delaware-based company that officially owns the team as an out-of-state corporation. Failure to register is a violation of Florida’s corporate laws. In this article, our Miami business… Read More »

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Litigation4

Florida Court Awards $400,000 in Domain Name Dispute

By Michael Pike and Daniel Lustig |

According to reporting from the Florida Record, Palace Resorts — a Caribbean vacation company —  has been granted $400,000 in financial compensation in a trademark infringement lawsuit over “confusingly similar domain names”. In the United States District Court for the Southern District of Florida, Judge Federico Moreno found the plaintiff’s claim to be well-supported… Read More »

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