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Category Archives: contract litigation

Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”

By Michael Pike |

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 »

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Understanding Contract Law: What is an Integration Clause?

By Michael Pike and Daniel Lustig |

Contracts are at the foundation of modern business. Many companies rely on their commercial agreements. A well-drafted contract can be the difference between a successful, continued business relationship and a nasty dispute. Companies get into disputes over commercial agreements for a wide range of different reasons. In many cases, there is confusion over what… Read More »

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Florida Appeals Court Rules in Favor of Former College Coaches in Contract Dispute

By Michael Pike and Daniel Lustig |

According to reporting from WCTV.tv, Florida’s First District Court of Appeal reversed a 2017 ruling that dismissed the breach of contract claims filed by two former coaches of Florida A&M University. Earl Holmes, the school’s former basketball coach, and Clemon Johnson, the school’s former football coach, both had their employment contracts terminated early. While… Read More »

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Contract

Florida Contract Law: What is Reformation?

By Michael Pike and Daniel Lustig |

When a contract is breached, there may be several different remedies available to rectify the issues. In the vast majority of cases, the remedy for breach of contract is the payment of compensatory damages. The party that was financially harmed by the breach of contract can be awarded monetary relief to be placed back… Read More »

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NonCompete

Can Employers Actually Enforce a Non-Compete Agreement?

By Michael Pike and Daniel Lustig |

Over the last several years, an increasing number of employees have been asked to sign non-compete agreements by their employees. As The Wall Street Journal has reported, litigation over non-compete agreements has exploded over the last decade. This raises some important questions: How strong are non-compete agreements in Florida? When can employees get out… Read More »

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Four Things You Should Do Before You Sign a Business Contract

By Michael Pike and Daniel Lustig |

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 »

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Contract

Forum Selection Dispute: Tim Hortons Franchisees Suing Parent Company Over Provision Forcing Contract Disputes Into a Miami Court

By Michael Pike and Daniel Lustig |

On May 3rd, 2018, The Star reported that Canadian fast food giant Tim Hortons is a facing a lawsuit from an organization representing a large group of American franchisees. According to the report, Great White North Franchisee Association (GWNFA), which filed the lawsuit, represents nearly half of all U.S.-based Tim Hortons franchisees. The dispute… Read More »

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NDA

Non-Disclosure Agreements (NDAs): Four Important Contact Clauses

By Michael Pike and Daniel Lustig |

Businesses often need to protect their intellectual property, trade secrets, and unique commercial know-how. In some cases, employees or contractors are required to sign non-disclosure agreements (NDAs). While NDAs can certainly be enforceable in Florida, courts are known to view these agreements with some suspicion. On a fundamental level, an NDA or confidentiality agreement… Read More »

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Arbitration

Should I Include an Arbitration Clause in My Business Contract?

By Michael Pike and Daniel Lustig |

With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your  business agreements. If your contract mandates arbitration, you will almost certainly… Read More »

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Florida Construction Contract Law Has Been Amended to Address a ‘Gap’

By Michael Pike and Daniel Lustig |

Earlier this year, Florida law regarding construction contracts was amended in order to address a ‘gap’ in the state’s statutes. Specifically, the state legislature modified Florida Statute 95.11(3)(C) to clarify when the statute of limitations begins to ‘run’ in certain types of contract disputes. This amendment became necessary after the state’s Fifth District Court… Read More »

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