Category Archives: Commercial Litigation
The First Four Steps to Take When Facing a Breach of Contract Lawsuit in Florida
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 »
Can You Keep Former Employees From Using or Contracting Your Referral Sources?
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 »
Could You Be Personally Liable for an FLSA Violation?
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 »
How Much Do You Know About Workplace Retaliation?
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 »
Can Businesses Recover Consequential Damages in a Breach of Contract Claim in Florida?
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 »
Know the Basics: The Four Key Elements of a Breach of Contract Claim in Florida
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 »
Four Reasons Why Business Should Use Well-Drafted Vendor/Supplier Contracts
Does your company work with vendors and/or suppliers? If so, it is imperative that your business has well-drafted contracts. At Pike & Lustig, LLP, we draft, negotiate, and review vendor and supplier contracts. Within this blog post, our Miami commercial litigation attorney highlights four reasons why all companies in Florida need to use well-drafted… Read More »
Courts Will Use “Industry Standards” to Resolve Vague Terms in Contracts in Florida
Disputes over a contract can arise for a wide range of different reasons. Vague terms within an agreement can lead to parties running into problems. In Florida, courts can look to “industry standards” to resolve disputes over contract terms that are genuinely vague. Here, our Miami commercial litigation lawyer explains the key things to… Read More »
Can a Contract Be Formed Through Silence in Florida?
A contract is a legally binding agreement. In Florida, a contract is formed through an offer and acceptable. You may be wondering: Is it possible to form a binding contract through silence? The short answer is that silence is generally not sufficient to form an enforceable contract—however, there are some limited exceptions. Here, our… Read More »
University of Florida Head Football Coach Sued for Breach of Contract
On May 10th, 2024, NBC News reported that University of Georgia Quarterback Jaden Rashada has filed a breach of contract lawsuit against Billy Napier—the head football coach for the University of Florida (UF)—over a failed Name, Image, and Licensing (NIL) deal. Here, our Miami commercial litigation attorney provides a more comprehensive overview of the… Read More »
Can I Rescind a Business Contract?
Did your business recently enter a contract? Are you having second thoughts about the terms of the agreement? You may be wondering: Can I rescind a business contract? The answer is “it depends.” While Florida law provides a limited short-term rescission right for certain types of agreements, the contract itself will largely determine if… Read More »
Disney Locked in Contract Dispute With Former General Contractor
According to a report from Florida Politics, the state’s largest and most prominent corporation—Disney—is locked in a contract dispute with the former general contractor for its massive Walt Disney World hotel renovation project. The protracted contract dispute over the problematic construction project is currently set for trial starting on April 22nd, 2024 in a… Read More »
Judge in Florida Denies ACC’s Motion to Dismiss Florida State University (FSU) Lawsuit
On April 9th, 2024, ESPN reported that a judge in Florida denied a motion to dismiss filed by the Atlantic Coast Conference (ACC). As such the Florida State University (FSU) lawsuit filed in the state—which is running concurrently to the ACC’s lawsuit against FSU in North Carolina—will be allowed to proceed. The court also… Read More »
Can You Get a Frivolous Lawsuit Against Your Business Dismissed?
Is your company facing a lawsuit? Whether from a vendor, supplier, customer, or employee, you have the right to defend your company against a legal claim. You may be wondering: Can you get a frivolous lawsuit dismissed? The answer is “yes”—but it will not happen on its own. Your company needs a proactive strategy… Read More »
Appellate Court Rules in Favor of Businesses Abruptly Shut Down By Local Government in Florida in Tax Dispute—Case Will Move Forward
According to a report from Bloomberg Law, a federal appellate court, the Eleventh Circuit Court of Appeals, has reversed a lower court’s dismissal of a lawsuit businesses filed against a local government in Florida. Lauderhill—a city in Broward County—had reportedly “abruptly” shut down businesses for delinquent taxes. The private businesses will not be allowed… Read More »
Understanding the BFOQ Defense in Discrimination Cases
As a business, you probably are aware of the dangers of discriminating, whether as to race, health/disability, religion, gender, or nationality. But in some cases, in some industries, there may be some instances where you feel like you have to be a bit discriminatory—not in a mean way, but because your particular industry is… Read More »
Using Hold Harmless Agreements in Your Business Contracts
If you’re a business and you’re hoping to limit your legal exposure, or to at least have some control over any lawsuits brought against you, the use of exculpatory clauses or hold harmless agreements may accomplish that goal. But the last thing you want is false confidence—it’s important to make sure that the exculpatory… Read More »
The Basics of Judgment Collection: How Long and How to Do It?
When people are sued, you will often hear them say something like “let them sue me, they’ll never collect.” And while that may be true to some extent—some people really have nothing to collect—the question isn’t really what can be collected—it’s how long a judgment creditor has to collect on the judgment. How Long… Read More »
Understanding the Federal False Claims Act
You probably have heard of whistleblower lawsuits. But what exactly is “blowing the whistle,” and what does federal law say about the ability of people to report illegal theft or fraud being perpetrated against the US government? The False Claims Act The law is called the Federal False Claims Act, and while reporting any… Read More »
These are Often Overlooked, in Franchise Agreements
So you’re buying a franchise, and the franchisor has put in front of you a lengthy franchise agreement. You’re a pretty savvy businessperson, so you generally know what to look for, and how to read the franchise agreement. But there are some things in every franchise agreement that even the most experienced business people… Read More »
