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Disney Facing Copyright Infringement Claim Over Movie Character

Arrest

Large companies can often face frivolous lawsuits from individuals or other companies. Claims can result for numerous reasons, ranging from employment violations to questionable business practices. It is also not unusual for business litigation to result over copyright infringement claims.

Florida readers may be interested in an infringement lawsuit that recently came against the Walt Disney Company. The claim involves a character from the company’s movie “Toy Story 4.” The character, Duke Caboom, is a toy that has a daredevil persona. The lawsuit claims that Disney used the likeness of Evel Knievel to create the character and that its unauthorized use is copyright infringement.

The suit comes from K&K Promotions, which reportedly owns the rights to images, publicity and likenesses of Evel Knievel, who was a stunt performer who passed away in 2007. Disney issued a statement indicating that the claims from K&K Promotions did not have any merit and that Disney would defend against the allegations in court. The report also noted that Pixar and other companies affiliated with Disney were named in the suit.

Copyright infringement can certainly harm a company, but it is not unusual for such claims to have frivolous intentions. Unfortunately, companies facing such allegations still have to defend against them in efforts to maintain their reputation and integrity as well as hopefully avoid unnecessary payouts. Florida companies facing frivolous lawsuits will certainly want to avoid any unnecessary difficulties that their businesses may have to face due to such claims. As a result, it is wise to go over available defense options.

By : admin | October 8, 2020 | Copyright Infringement

Running Multiple Businesses Presents Opportunity And Risk

You may have always had the entrepreneurial spirit. From a young age, you may have had great ideas for school projects, taken the initiative to get tasks completed and even stepped into leadership roles whenever available. As you grew into an adult, you knew that you wanted to start your own business, which you did.

Now, you own multiple businesses and earn a generous income. While you still like the feeling of being in charge and having your ideas come to fruition, you know that any slip up could prove costly for any of your businesses. How can you stay on top?

Managing and delegating

You have likely already learned that you cannot oversee absolutely everything that goes on in your business ventures. This can seem a bit daunting at times because you may hold to the adage that if you want something done right you should do it yourself. However, that is not typically possible when it comes to successful business practices. Instead, you want to have a team of hand-picked individuals who can take over operations when needed.

Creating this team can take time as you will likely need to observe and find the employees or outside parties who have the drive, determination and work ethic to operate your business as you see fit. Fortunately, it can be done, and you can have a trusted team to keep your company running smoothly.

Stay updated

Of course, even if you have your trusted teams, you need to stay in the loop. As a result, it is important to have someone from each company bring you regular updates regarding operations, financial reports or even complaints. It is also wise to make in-person visits to your companies to ensure that everything is running smoothly and that you have not missed out on any important information.

Issues may arise

Running multiple businesses opens up many opportunities, but it may also open you up to a greater chance of facing legal issues. If another company claims that any of your businesses have violated the law, you will certainly want to handle that type of ordeal personally. Gaining information regarding the complaint, the laws involved and your legal options could help you maintain the integrity of your company and defend against allegations. To that end, having the help of an experienced Florida business litigation attorney could work in your favor.

By : admin | October 1, 2020 | Business Litigation

Lawsuit Comes Against DoorDash For Misinforming Patrons

The food delivery industry seems to be booming as various companies offer services solely for taking orders, picking up meals from restaurants and making deliveries. Many people in Florida and across the country take advantage of these services to avoid having to go out or to still get their food from their favorite restaurants that may only be offering take out or delivery. However, some restaurant owners are not too happy with how some services address their locations, which recently led to a lawsuit.

Reports stated that a restaurant owner in another state has filed a lawsuit against DoorDash for misrepresenting the restaurant in its app. Apparently, Lona’s Lil Eats has been listed as too far away or closed when prospective patrons attempt to use DoorDash to order food for delivery. The restaurant does not have a partnership with DoorDash, and representatives believe that DoorDash is intentionally misinforming patrons that the restaurant as too far away or closed when that is not the case.

The claims against DoorDash include posting this incorrect information as a way to coerce restaurants into partnering with the company and, in turn, paying fees and commission. Representatives for DoorDash stated that the company is still reviewing the lawsuit. The report did note that many services like DoorDash will include non-partner locations and provide service to those locations to show restaurants the benefits of working with them.

Feeling as if another company is intentionally sabotaging the chances of bringing in customers can be a significant blow. If Florida company owners believe that they are being subjected to such unfair practices by outside parties, they may want to determine whether the other parties are violating business-related laws. As this case shows, a lawsuit could be necessary to address this type of wrongdoing and to preserve the interests of a company.

By : admin | September 29, 2020 | Business Litigation

Common Causes Of Contract Disputes

Orlando Contract Disputes

Contracts are key to smooth business operations, but unfortunately they are not foolproof. It is not at all uncommon for contract disputes to arise between Florida businesses and vendors, customers or other parties. One common point of contention is whether a contract is legally enforceable. Consider the following factors that might make it difficult to enforce a contract.

Contracts must be readily agreed to by both parties without any type of undue influence. This means that, if one party threatened or coerced the other into signing, enforcing it could be in question. Misrepresentation — such as concealing certain facts — is another reason why one party might insist that a contract is not valid and should not be enforced.

While coercion and misrepresentation are deliberate acts, a contract might also be considered void if both parties make a mistake. This mistake should relate to existing facts when the contract was made and must have some type of material effect on the agreed exchange. The details of such a mistake are key, as it is not uncommon for parties to try and get out of a contract by falsely claiming mistakes were made. This is usually the result of failing to carefully read the terms of a contract.

There are a number of other reasons why someone might argue that a contract is not enforceable, including illegal terms or unreasonable favor to the party with stronger bargaining power. These types of contract disputes can easily eat up time and money that are valuable to Florida business owners. As such, it is often advisable to speak with a knowledgeable attorney about one’s options for dealing with a contract dispute.

By : admin | September 24, 2020 | Contract Disputes

Bayer Continues With Appeals Regarding Roundup Case

Court cases can often leave businesses in line to lose a considerable amount of money, often millions of dollars, especially if the court rules against the company. In such cases, many business owners and operators choose to appeal verdicts that may not be favorable to them. If successful, appeals can help companies reach better outcomes.

Florida readers may be interested in an appeal currently underway in another state. Bayer, the maker of Roundup, has been tied up in litigation for years over claims that Roundup causes cancer. A groundskeeper filed the initial claim that the use of the product caused his non-Hodgkin’s Lymphoma, and a jury initially awarded him $289.2 million. The amount was reduced to $78.5 million by the trial judge, and the Court of Appeal reduced it further to $20.5 million.

Though considerably reduced, Bayer continues to appeal the decisions made by the court system. The company believes that the ruling goes against federal law and certain legal principles, including how other courts handle similar cases involving Roundup claims. Bayer also believes that the court should consider whether the company should be held liable for using a federally approved herbicide.

Appeals can be an important part of the legal process, especially when a company feels that a ruling is unjust. Of course, moving forward with additional legal action can be time consuming and difficult. As a result, it is wise to have experienced and knowledgeable legal help to ensure that Florida companies are able to handle their cases as best as possible.

By : admin | September 15, 2020 | Appeals

Seeking Beneficial Outcomes To Construction Disputes

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When a Florida business is involved in a construction dispute, the main objective should be to reach a beneficial resolution in a timely manner. Construction of a commercial building can be a lengthy and stressful process, and it does always go as planned. There are many reasons why construction disputes can happen, and it may be necessary to resort to litigation to resolve the problem.

Every party involved in a construction dispute will want to protect their financial interests above all else. A construction company or third party will likely be unwilling to admit fault for a problem with your project. It may be necessary to go through a lengthy investigative period in order to figure out exactly what happened, what issues are affecting the integrity of the project and which party is responsible for addressing it.

Types of disputes

Construction is a long process, and there are often several third parties and contractors involved in certain aspects of it. For example, your business may hire a specific construction company for your project, but they may work with a third-party electrician on certain projects. The problem can lie in various aspects of the process. Some of the most common types of construction disputes include: 

  • Disputes over the specifications or interpretation of the specifications
  • Disputes over the scope of the work expected
  • Disputes between contractor and subcontractor
  • Disputes regarding the scope of work performed by subcontracted parties
  • Disputes over subcontractor substitution
  • Disputes over construction defects and the quality of the finished product

In some cases, a civil claim may be the most appropriate way to address a problem related to a construction defect or work performed. It may be necessary to sue for breach of contract, liability, breach of warranty and more. The remedies available depend on the individual situation, but they may include damages, compensation for losses or simply fixing the problem. 

Protecting your business interests

Your priority should be to find a way to address the issues with your construction project in a way that will be beneficial long term. It may be necessary to litigate, but sometimes out-of-court methods are a sufficient way to resolve the dispute. Regardless of how you approach it, it is beneficial to work with an attorney at every step.

There is a lot on the line for your company, but you do not have to navigate it alone. A legal ally with experience in real estate disputes and construction law can help your company save time and preserve long-term financial interests.

By : admin | September 11, 2020 | Contract Disputes

GM Facing Class Action Litigation Over Premature Engine Wear

Boca Dispute With Business Partners

Having any type of legal claim come against a business can be difficult for owners to handle. When the situation involves class action litigation, companies could be at risk of owing substantial amounts of money to consumers if the court rules against the business. Unfortunately, business owners in Florida and across the country could face this ordeal.

It was recently reported that a class action lawsuit was filed in a federal court sitting in another state against General Motors in relation to the automobile manufacturer’s Chevrolet Camaro, including models from 2010 to present. Apparently, the suit alleges that the company did not inform buyers about an issue involving heat shields and the starter motor. Reports indicate that buyers believe that the ineffective heat shields allow more heat to reach the starter motor, which, in turn, causes the electrical conductors to need more power to start the engine.

Consumers claim that this additional power can result in the engine facing premature wear. The suit also alleges that this issue can affect the battery as well as the wiring in the vehicle. There was no comment provided in the report from General Motors regarding the lawsuit.

When preparing to face legal claims, many business owners may want to approach class action litigation differently than other types of cases. As a result, it may be necessary for Florida company owners to fully understand their legal options for dealing with this type of problem. Their legal counsel will undoubtedly be able to provide applicable insight into a company’s specific case and how to effectively move forward.

By : admin | September 7, 2020 | Class Action Litigation

Construction Litigation Over Disney Resort Claims Contract Breach

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Construction company owners undoubtedly want to have smooth projects no matter what they undertake. Of course, clients can be difficult to work with at times, and it is not unusual for serious issues to arise that negatively affect the project. In some cases, it may be necessary for construction litigation to take place if a client causes damages to a company.

It was recently reported that Validus Construction Services has filed a lawsuit against Disney Vacation Club in Florida relating to the remodeling of Disney’s Saratoga Springs Resort and Spa. The construction company was hired to oversee the renovations, which were supposed to span from April 2019 until November of that year. However, during the project, a fire code violation that had been unaddressed for over 15 years caused significant delays and additional costs for the project. Disney reportedly refused to provide extensions as requested by the construction company.

In April of this year, Disney terminated the contract with Validus without reason. Additionally, the owner of Validus, who is a woman, indicated that Disney employees harassed her with insulting and misogynistic comments. The lawsuit claims breach of contract and negligent misrepresentation.

It is common for construction projects to have millions of dollars at stake. When issues are found that delay and add costs to projects, company owners can face difficulties determining how to move forward. If clients are unwilling to find a resolution, additional problems can result. As this case shows, it may be necessary for construction litigation to move forward if Florida company owners are facing similar problems with clients.

By : admin | September 1, 2020 | Business Litigation

Brush Up On Negotiation Techniques For Lease Restructuring

Orlando Contract Disputes

If the current economic times have hit your business hard, you are not alone. Numerous individuals and businesses have found themselves carefully tracking profits and losses, and you may be among the many feeling the tight grip of financial uncertainty. Though you believe that your business can continue, you know that some changes need to occur.

One change you may have on your mind is restructuring your commercial lease. The amount of rent you pay to utilize your current space could put you in a bind, but you know that you could face penalties for breaking a lease early. However, restructuring could allow you to remain in your current space without completely breaking the lease, but your landlord would have to agree to new terms.

Negotiation is key

Though you feel like you have strong reasons to restructure your lease, your landlord may not immediately see the issue from your side. After all, your landlord wants to make money too. So most likely, your landlord will not simply hear your request and immediately agree to restructure your lease terms. Fortunately, you can try to negotiate to reach favorable outcomes for both of you. Some tips for negotiation include the following:

  • Have a plan for new terms in mind. If you request a restructure without any idea of what the new terms should be, your landlord may not take your request seriously.
  • Consider the likelihood of your landlord consenting to the restructure. In particular, consider the loan your landlord has for the commercial space because a newer loan could mean that a lender has more control over the space than the landlord.
  • Show your landlord that the restructure could benefit both of you by explaining that a rent reduction would allow you to continue occupying the space, preventing your landlord from having a vacancy generating no rental income.
  • Determine whether a restructure will realistically help your situation. If rent reduction or other changes will not help you get out of financial trouble, it may not be worth the effort.

Many people think that because their commercial leases are legally binding documents that they are stuck with the terms they have. Luckily, that is not always the case. With willing parties on both sides, lease restructuring could prove useful to all involved.

Not feeling confident?

If you do not feel confident in your ability to successfully negotiate a lease restructure, you do not have to feel without hope. You could enlist the help of an experienced Florida attorney who could help you approach your situation confidently and assist you with the negotiations process.

By : admin | August 28, 2020 | Lease Structuring

Are You In A Position To Restructure Your Commercial Lease?

When you first set up shop in your commercial space, you may have felt comfortable with the lease terms. Those terms likely included the length of the lease, the rent you would pay for the space and more. As time has gone on, however, you may have found that the area in which your commercial space resides has proved less than ideal. On the other hand, the market rent in the area may have gone downhill, and you now believe you are paying too much rent for comparable spaces.

Understandably, you may wonder what you can do. After all, paying too much in rent could easily result in losses for your business, and with the current state of affairs around the world and its effect on businesses in Florida and elsewhere, you need to focus on ways to increase your profits. Fortunately, lease restructuring may be an option for you.

What does lease restructuring involve?

As the name suggests, lease restructuring involves making changes, or restructuring, the terms of your commercial lease. Even if you still have time left on your lease, you may not suffer penalties for early termination or term violations if you choose to restructure instead. Of course, restructuring a lease can prove complicated, but meeting the following criteria could help your landlord consider restructuring your lease in a more favorable light:

  • The less amount of time you have left on your lease, the better. If you have two years or less left on your lease term, your landlord may have a more accepting stance toward restructuring, especially in a down market.
  • If market rent conditions in your area have gone significantly downhill, as is likely under the current economic circumstances, you may have a greater chance of negotiating new lease terms.
  • Your company also needs to have relatively good standing when it comes to credit. A landlord does not want to agree to restructure a lease in efforts to keep a space filled, only for a tenant to have to shut its doors soon after due to debt issues.

Of course, numerous other details can go into whether a landlord will be receptive to restructuring a lease. Hopefully, given the difficulties many businesses are facing, you will have some success.

How can you negotiate new terms?

If your landlord does agree to restructure your lease, do not expect him or her to simply agree to just any terms you offer. Some back and forth will likely occur, and you will certainly want to keep your best interests at the forefront. Fortunately, you can work with an experienced Florida attorney who could help you negotiate and draft a restructured commercial lease.

By : admin | August 26, 2020 | Lease Structuring