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Category Archives: Commercial Litigation

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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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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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FACTA: Don’t Get Sued For What’s On Your Receipts

By Michael Pike and Daniel Lustig |

When you conduct a transaction with a customer or client, you probably give them a receipt, as you should. But can the simple act of giving a receipt get you into business trouble? Potentially, it can, under what is known as FACTS, or the Fair and Accurate Transactions Act. What is FACTA? FACTA has… Read More »

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Copyright Infringement, Parody And The 1st Amendment

By Michael Pike and Daniel Lustig |

On one hand, we all know how important it is to respect others’ intellectual property. We know we can’t just use another company’s name, brand or login as our own, unless we want to get sued for copyright infringement. But the first amendment does protect our freedom of speech and we also know that… Read More »

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Buy Now Pay Later Loans Could Be A Cause For Concern

By Michael Pike and Daniel Lustig |

Traditionally, when consumers or businesses needed credit, they were left to have to get credit through loans, credit cards, and other large lenders. But a new trend has emerged, in what is known as buy now pay later (BNPL). These hybrid types of loans can be tempting when your business needs a quick infusion… Read More »

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Clawback Suits: Getting Sued In Bankruptcy When You’re Not In Bankruptcy

By Michael Pike and Daniel Lustig |

Neither you nor your business is filing for bankruptcy. You don’t offhand know anybody who is filing for bankruptcy. So how is it that you or your business has just been served with a lawsuit from a bankruptcy trustee? How did you get involved in a bankruptcy lawsuit without seemingly doing anything wrong? Clawback… Read More »

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How Juries Are Picked In Business Law Cases

By Michael Pike and Daniel Lustig |

If you have a business law case that goes to a trial, your trial may involve a jury, which will decide whether you are right or wrong, and how much money you will have to pay or not pay. However, to many people, picking a jury is a mystery. It may help you in… Read More »

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What Is Included In A Typical Shareholders’ Agreement?

By Michael Pike and Daniel Lustig |

When someone buys shares in, say Microsoft, or Amazon, or Costco, or any number of larger companies, shareholder agreements aren’t really vital—after all, you’re probably buying the shares largely to make money, and your involvement in the company will be limited to choosing how long you keep the stock you purchased. But in a… Read More »

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Is A Contract Enforceable If Only One Side Signs It?

By Michael Pike and Daniel Lustig |

Let’s say that you have a small business fixing computers. A company hires you. They send you a contract, but you miss it or get busy, and you don’t sign it. You do show up and do the work. The company later doesn’t pay you, or pays you less than agreed, based on the… Read More »

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TradeSecrets

Doing Business With The Government Can Threaten Your Trade Secrets

By Michael Pike and Daniel Lustig |

When you sign up to do a government contract, or any service for the government, you may be forgetting one thing: Government information is public, both under federal and state law. That means that anybody can ask for it, and receive it. But you may have information in your bid, or correspondence with the… Read More »

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Social Media Companies Go To Battle With Texas

By Michael Pike and Daniel Lustig |

If you have a business, it’s likely you have a website. If your website has opinions or viewpoints on it, you may feel that you are safe under the First Amendment to say or write what you want. But a Texas law aimed at social media companies is poised to try to change that…. Read More »

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LLCs, LLPs, And LLLPs…What’s The Difference?

By Michael Pike and Daniel Lustig |

If you are looking to start a business, there are a lot of options. Many people know about an LLC, which can provide some benefits that a traditional corporation cannot do. You can be a single-member LLC, there are tax benefits, and you have flexibility over who has what decision making for the business…. Read More »

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