Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Business Torts Archives

Royalty dispute involving '70s funk band Wild Cherry settled

Many Florida residents may remember the song "Play That Funky Music," a hit for the band Wild Cherry in 1976 that remains popular today. The song continues to generate revenue, but as with so many things in the complicated world of royalties and licensing, it can be difficult to keep track of all the royalties that should be paid to the artists. One former band member of Wild Cherry sought assistance from a company to track down unpaid royalties. Under the agreement, the band member would pay commissions for any royalties found. According to the company, the band member suddenly stopped paying, causing a royalty dispute, which was recently settled.

How much do you know about the duties owed by officers, directors? - II

In a previous post, our blog started discussing how the law is structured in such a way that corporate officers, directors and controlling shareholders owe a fiduciary duty to the corporation and, by extension, its shareholders.

How much do you know about the duties owed by officers, directors?

When it comes to the notion of holding corporate officers and directors accountable for malfeasance, the unfortunate reality is that many shareholders believe that they are without recourse.

Florida contractors face fraud claims

Two former contractors for a prominent local contracting business are in considerable legal trouble after being accused of lying on their taxes. The fraud claims have been filed by the U.S. Attorney Office in Florida after major discrepancies were found between their recorded income and their spending habits. They are facing possible jail time if convicted.

Business tort law change could lead to increase in lawsuits

A recent decision from the Florida Supreme Court could have serious repercussions on the way that businesses are pursued in court. At issue is the application of business tort law when a contract is in place. The case involves a plaintiff, Tiara Condominium Association and a defendant, Marsh & McClennan Companies, Inc., an insurance broker hired by Tiara. The broker secured an insurance policy through Citizens Insurance which included windstorm coverage. When two hurricanes struck the property in 2004, Tiara was assured by Marsh that loss limits coverage within the existing policy was per occurrence and not coverage in the aggregate.

How to spot the signs of impending partnership disputes

In times of economic struggle, many businesses fail to flourish. Some even falter to such a degree that they eventually end in disaster. However, some Florida businesses fail simply because they were born of a partnership that was doomed from the start, and a wide range of partnership disputes result. When considering if a joint venture is the best course of action, here are a few things to consider.

Proper budgeting for litigation of royalty disputes

For many Florida businesses, the annual budgeting process focuses on the facts and figures from the prior year. While anticipatory budgeting plays a role in some instances, in many cases there are areas of need that are overlooked. A recent survey suggests that litigation budgeting for royalty disputes and other form of intellectual property protection may be on the rise.

Hospital sued for breach of fiduciary duty

When a Florida business collects confidential medical data, it assumes the responsibility of protecting that information on behalf of its patients and clients. This is a duty that is taken very seriously by all business owners and management personnel, no matter how large or small the company. One hospital is currently facing a breach of fiduciary duty lawsuit brought by multiple former patients over the theft and dissemination of their private and protected information.

Partnership disputes suit over casino expansion settled

When Florida investors team up to work together on a large-scale project, a range of complications can occur. In many cases, these disputes lead to litigation between parties, which can put the project at the center of the dispute on hold. This was the case with a recent lawsuit involving issues of partnership disputes over expansion plans for a large gaming establishment known as the SugarHouse Casino.

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