Category Archives: Commercial Litigation
Florida Appeals Court Reinstates a Deficiency Action
On March 6th, 2019, the District Court of Appeal of the Florida Second District reversed a lower court’s decision to dismiss a deficiency action for an alleged failure to prosecute the claim in time. In the case of NRG Investment Partners, LLC vs. MDC 6, LLC, a lender sought a deficiency judgement against a… Read More »
Four Tips to Protect Your Trade Secrets
Under United States law, the importance and value of commercial trade secrets are recognized. In fact, under the Defend Trade Secrets Act (DTSA) — a bill that was signed into law in 2016 — trade secrets are even entitled to federal protections. Of course, by definition, trade secrets only retain their full value if… Read More »
What Compensation Can Be Recovered Through a Breach of Contract Claim?
In breach of contract claims, several different types of remedies can be awarded — potentially including specific performance of the contract, full rescission of the agreement, and other types of injunctive relief. That being said, in most breach of contract claims, monetary compensation is the primary remedy. This raises an important question: How much… Read More »
Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”
Connecticut-based Twin City Fire Insurance Co., an affiliate of the Hartford Financial Services Group, has filed a federal lawsuit in Florida denying any liability for former West Palm Beach lawyer Leonel R. Plasencia, who killed himself in 2017, allegedly before turning over settlement money owed to clients in a personal injury case. Michael J…. Read More »
Florida Commercial Law: What is a Business Tort?
A business tort (also known as an economic tort) is a wrongful act that arises out of a business transaction or business relationship. If a company sustained significant financial losses as a result of the wrongful conduct of another party, that company may have a valid civil claim for damages. At Pike & Lustig,… Read More »
Four Things You Should Do Before You Sign a Business Contract
Contracts are the cornerstone of modern commercial relationships. A business that relies on well-crafted, properly executed agreements is a business that is far more likely to thrive in the current economic environment. Unfortunately, many Florida companies run into serious problems with their contracts. One of the biggest mistakes business owners and operators make involves… Read More »
Florida Construction Liens: Defining the Last Day that Work Was Performed
A construction lien (also called a ‘contractor’s lien’ or ‘mechanic’s lien’) is a powerful collection debt tool. If a construction company has not been paid for its work or materials, it can place a lien against the property that was created or improved. In placing a construction lien, there are many different legal requirements… Read More »
Florida House Approves Anti-Sexual Harassment Bill
On March 1st, 2018, the Florida House of Representatives unanimously passed a major ethics reform bill. HB 7007 is designed to prevent and punish sexual harassment and sexual misconduct. These proposed reforms follow a string of high-profile sexual abuse and sexual misconduct allegations that have come to light this year, both inside and outside… Read More »
Consumer Fraud Alert: Scammers are Targeting Hurricane Victims
Through late September, the 2017 Atlantic hurricane season has been rough. Several major storms have already made landfall in the United States and the Caribbean, including Hurricane Irma, which hit the state of Florida. Sadly, in the confusion of the storm’s aftermath, some unscrupulous actors are attempting to take advantage of hurricane victims. The… Read More »
Commercial Litigation Report: Year in Review
Lex Machina, a leading data analytics firm, recently released its 2017 Commercial Litigation Report. The report is designed to highlight developments and trends in the world of business law, through the comprehensive review of all of the commercial cases that have been filed in United States District Courts. Notably, the researchers found that the… Read More »