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Category Archives: Commercial Litigation

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Can I Rescind a Business Contract?

By Michael Pike and Daniel Lustig |

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 »

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Disney Locked in Contract Dispute With Former General Contractor

By Michael Pike and Daniel Lustig |

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 »

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Judge in Florida Denies ACC’s Motion to Dismiss Florida State University (FSU) Lawsuit

By Michael Pike and Daniel Lustig |

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 »

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Can You Get a Frivolous Lawsuit Against Your Business Dismissed?

By Michael Pike and Daniel Lustig |

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 »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Appellate Court Rules in Favor of Businesses Abruptly Shut Down By Local Government in Florida in Tax Dispute—Case Will Move Forward

By Michael Pike and Daniel Lustig |

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 »

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meagan-mccarthy

Understanding the BFOQ Defense in Discrimination Cases

By Michael Pike and Daniel Lustig |

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 »

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Using Hold Harmless Agreements in Your Business Contracts

By Michael Pike and Daniel Lustig |

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 »

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The Basics of Judgment Collection: How Long and How to Do It?

By Michael Pike and Daniel Lustig |

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 »

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Understanding the Federal False Claims Act

By Michael Pike and Daniel Lustig |

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 »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

These are Often Overlooked, in Franchise Agreements

By Michael Pike and Daniel Lustig |

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 »

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Asset Sale or Stock Purchase? It Makes a Difference

By Michael Pike and Daniel Lustig |

So you’re selling your business, or you’re buying one. But what is actually being bought or sold? Before you just say “the business,” you should be aware that there are two main ways that businesses are bought or sold, and they can have significant legal ramifications and differences. You can buy or sell a… Read More »

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Breach of Contract: How are Contracts Interpreted in Florida?

By Michael Pike and Daniel Lustig |

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 »

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Breach of Contract Claims in Florida: How Do You Raise an Affirmative Defense?

By Michael Pike and Daniel Lustig |

Is your company being sued for a breach of contract? You may have a valid affirmative defense against the breach. The Legal Information Institute explains that an affirmative defense involves the raising of evidence that “if found to be credible, will negate criminal liability or civil liability, even if it is proven that the… Read More »

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meagan-mccarthy

The Top Four Mistakes to Avoid If Your Company is Being Sued for a Breach of Contract

By Michael Pike and Daniel Lustig |

Contracts form the foundation of many modern commercial relationships. A contract is a legally binding agreement. A party can be sued for damages caused by a breach. Facing a breach of contract lawsuit can be stressful and frustrating. A proactive approach is key. Too many companies make errors in the early stages of litigation…. Read More »

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Federal Regulatory Action and Florida Lawsuit Brings a Stop to Deceptive Practices By Chargebacks911

By Michael Pike and Daniel Lustig |

On November 7th 2023, the Federal Trade Commission (FTC) announced regulatory action to stop a company called Chargebacks911—a financial consultancy firm based in Clearwater, Florida—from engaging in deceptive and unfair commercial practices. Notably, Chargebacks911 was also sued for FDUTPA violations by the Florida Office of the Attorney General. Within this article, our Miami deceptive… Read More »

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Morgan Stanley Files $1 Billion Lawsuit Against Three “Break-Away” Advisors Who Started their Own Firm

By Michael Pike and Daniel Lustig |

According to reporting from City Wire, Morgan Stanley has filed a $1 billion lawsuit against three “break-away” financial advisors who purportedly left the broker-dealer to start their own firm. In this article, our Miami commercial litigation lawyer provides an overview of the case and highlights key things to know about the standard of liability… Read More »

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What is Florida’s Materiality Requirement for Breach of Contract Claims?

By Michael Pike and Daniel Lustig |

A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally enforced contractual agreement. The non-breaching party has the right to pursue remedies following a breach. However, there are certain criteria that must be met to prove liability in a breach of contract claim—and in Florida, that… Read More »

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How Can a Business Get Out of a Contract in Florida?

By Michael Pike and Daniel Lustig |

Is your business locked in a contract that is no longer favorable? There are a number of different reasons why this can happen—from changes in the objectives of your company to shifting of macro-economic conditions. This raises an important question: How does a business in Florida get out of an undesirable contract? In this… Read More »

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Navigating Alternative Dispute Resolution in Commercial Litigation

By Michael Pike and Daniel Lustig |

In the realm of business litigation, the pursuit of justice through traditional courtroom battles can often be time-consuming, costly, and emotionally draining for all parties involved. As a result, Alternative Dispute Resolution (ADR) methods have gained prominence as efficient and effective alternatives to resolve disputes. ADR encompasses various mechanisms such as arbitration, mediation, negotiation,… Read More »

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Why is Commercial Litigation so Common?

By Michael Pike and Daniel Lustig |

As experienced commercial litigation attorneys, we cover a variety of business disputes and issues, ranging from RICO claims to landlord and tenant disputes. Commercial litigation can seem like a broad term, but in general it refers to the legal process of resolving disputes and conflicts between businesses or companies through litigation in a court… Read More »

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