The business litigation lawyers at the Mavrick Law Firm have substantial successes in representing businesses in a wide range of business disputes, including:
Sale or Purchase of a Business (Whether as an Asset Purchase or Sale or Purchase of The Stock of The Business)
Selling or buying a business in Florida can lead to legal disputes. Buyers sometimes fail to keep their end of the bargain by not making required payments due, especially when there is a “seller finance” provision that allows future payments. Sellers sometimes act improperly by misstating the true revenues of the business to get the highest possible price by misleading the buyer into thinking that the business yields much greater cash flow than is the truth. The Mavrick Law Firm has diligently represented buyers and sellers of businesses in preparing and negotiating contracts for the purchase or sale of businesses. The Mavrick Law Firm also has successfully represented sellers and buyers in litigation regarding purchase and sale of businesses.
Litigation Asserting Breach of Contract
Often lawsuits against businesses and their owners seem to lack common sense. The Fort Lauderdale breach of contract lawyers at Mavrick Law Firm defends businesses in commercial litigation disputes concerning commercial lease issues, business partnership and sale agreements, shareholder agreements, and corporate joint-venture agreements. Careful review of contractual provisions and review of the applicable law as to what are and are not legally enforceable provisions in contracts is crucial to effective legal representation. The Mavrick Law Firm has successfully represented Florida and out-of-state businesses in corporate and commercial disputes. Contact the Fort Lauderdale attorneys at the Mavrick Law Firm to review your case and advise you.
Trade Secret Litigation
“Trade secrets” are generally understood to mean information that has special value because it is not generally known to the public, and especially competitors. Trade secrets are sometimes shared as part of an employment relationship, joint-venture relationship, and preparatory to potential business deals. Sometimes trade secrets are mishandled or actually stolen, and this sometimes leads to lawsuits. Sometimes accusations are made about theft of trade secrets that are totally baseless. The Mavrick Law Firm understands the needs of businesses to protect genuine trade secrets but also understands that the term “trade secrets” is often thrown into lawsuits when in reality there never was a trade secret or misappropriation of a trade secret. The Mavrick Law Firm has successfully represented businesses in trade secret disputes.
Litigation Alleging Fraud
Florida law recognizes different types fraud that can form the basis of a lawsuit, such as fraudulent inducement, fraudulent misrepresentation, fraud in the execution of a contract, and “fraud in the factum.” Claims of fraud generally allege that there was a knowingly false statement of fact that ultimately caused damage to another person. Sometimes claims of fraud are either factually or legally baseless. For example, sales pitches sometimes “puff” statements such as this is “a great car” that amount to nothing more than vague opinions. The Mavrick Law Firm understands the laws concerning fraud, including the special pleading requirements and what is and is not actionable fraud. The Mavrick Law Firm has successfully represented plaintiffs and defendants in legal disputes asserting fraud.
Lawsuits Over Deceptive or Unfair Trade Practices
Florida’s Deceptive and Unfair Trade Practices Act is a broadly worded statute that prohibits “deceptive” and “unfair” trade practices. Sometimes claims under this statute are filed in lawsuits because the particular conduct would not satisfy the strict legal requirements for a fraud claim. The Mavrick Law Firm has successfully represented clients in litigation concerning the enforcement and defense against claims under this statute.
Preparing Business Contracts
The Mavrick Law Firm also has provided excellent representation to businesses and their owners in the preparation of business contracts, including non-compete agreements, non-circumvention contracts, non-solicitation agreements, non-disclosure agreements (sometimes called “NDAs”), non-disparagement agreements, separation agreements and releases. Our Fort Lauderdale business attorneys have also drafted and revised business purchase and sale agreements and employment policies and practices for large and small businesses.
The non-compete lawyers at Mavrick Law Firm concentrate on the representation of businesses and their owners, including the following:
Non-compete Contracts Affecting Starting or Operating a Business
The United States and the State of Florida have a free-enterprise system that encourages business formation and competition. Florida law has a specific statute prohibiting arrangements that restrain trade (Florida Statute Section 542.18 “Every contract, combination, or conspiracy in restraint of trade or commerce in this state is unlawful”). Florida, however, created a legal exception to free-enterprise and allowed certain narrow circumstances where competition can, by agreement, be restrained. The State of Florida set forth those narrow circumstances in Florida Statute Section 542.335. In Florida, many former independent contractors and employees have signed non-compete contracts that are unlawful and unenforceable under Florida law. For this reason, Judges have refused enforcement non-competes where they were not supported by a legitimate business interest, were overly broad, or where there is some other illegality that would render the non-compete enforceable. There are additional reasons why Judges have refused to enforce non-compete contracts. The Mavrick Law Firm understands the reality that businesses often will try to enforce invalid non-competes to keep legitimate competitors out of the market. The Fort Lauderdale non-compete lawyers at Mavrick Law Firm have successfully advised and defended many businesses that are the targets of lawsuits seeking to stop their operation based on illegal, unenforceable, and overly broad non-compete agreements. In Broward, Miami-Dade, Palm Beach, Collier, Lee, and Sarasota Counties, the Mavrick Law Firm has helped and defended many small businesses and their owners and employees to allow them to compete and thrive in their market.
Non-Compete Contracts Affecting Hiring a new Employee
Businesses sometimes want to hire or actually hire excellent employees with a superior skill set and ability level, but the prospective employees had signed a non-compete agreement that on its face bars the new employment. Often the non-compete agreement signed by the former employees are invalid, unenforceable, or overbroad in critical respects. The Mavrick Law Firm has successfully advised businesses, their owners, and key executives regarding the viability of a signed non-compete. Where cases have proceeded to litigation, the new employer is often targeted in the lawsuit even though the new business itself never signed the non-compete agreement. The lawsuits against the new employer will assert “tortious interference” with the non-compete agreement. The Mavrick Law Firm has successfully defended businesses that are sued due to a non-compete signed by a new employee.
Non-compete Contracts Signed by The Seller of a Business or Its Assets
Often when a business or its assets are sold, the sale contract will contain a provision where the seller promises not to compete against the buyer or hire the employees of the buyer’s business. Disputes sometimes arise over what was intended by these non-compete contracts. The Fort Lauderdale non-compete lawyers at Mavrick Law Firm has represented sellers and buyers of businesses and appreciates the legitimate interests of both. Sometimes the buyers will improperly assert breach of a non-compete when no true breach occurred as a form of “buyer’s remorse” so that the buyer can get its money back for a business it wished it did not purchase. By contrast, sometimes sellers make improper incursions into sales territories where the seller promised not to compete for a certain period as part of the inducement for the buyer to purchase the business. The Mavrick Law Firm understands the business practicalities and realities of both buyers and sellers.
Businesses have a legitimate right to protect their confidential information and sometimes will require employees to sign confidentiality agreements. However, sometimes businesses will try to improperly use confidentiality agreements to prevent legitimate competition. Some businesses will require employees to sign “non-disparagement” contracts that are unlawful under federal law, and then seek to enforce the unlawful non-disparagement provisions against the former employee working at a competing business. The Mavrick Law Firm has successfully defended businesses and their employees against baseless claims that there were violations of confidentiality and non-disparagement agreements.
The Fort Lauderdale employment attorneys at Mavrick Law Firm also have had excellent results in defending businesses sued for violations of various labor and employment laws, including:
Defending Wage/Hour Litigation
The largest number of federal overtime and minimum wage lawsuits are in the federal court in South Florida, i.e., the United Stated District Court for the Southern District of Florida. South Florida has been called “ground zero” for overtime and minimum wage claims due to the number of small and medium sized businesses and the active plaintiffs’ bar filing the lawsuits. The Mavrick Law Firm has successfully defended overtime and minimum wage claims in numerous industries, including restaurants, construction firms, factories, transportation businesses, medical and dental professionals, accounting firms, and various other service businesses. Our Fort Lauderdale employment lawyers also have successfully defended businesses in claims claiming failure to pay commissions and salaries and have prevailed in cases seeking class certification for collective actions for potentially large groups of former employees seeking back wages. The Mavrick Law Firm understands the issues businesses face when defending against such cases and has obtained excellent outcomes, including successful motions to dismiss and for summary judgment, compelling arbitration, as well as victories at trials. Contact the attorneys at the Mavrick Law Firm to review your case and advise you regarding the merits, legal defenses, and the availability of other legal options such as counterclaims.
Defending Department of Labor Investigations/Claims
Employers sometimes face audits by the United States Department of Labor investigating contentions by disgruntled employees (current and former) that they are owed overtime or minimum wages. The Mavrick Law Firm has represented many employers both in an advisory capacity when they are facing such investigations as well as interceding on behalf of the employer to protect the business’s interests in the investigation. The attorneys at the Mavrick Law Firm also have successfully represented businesses and their owners in lawsuits brought by the Department of Labor on behalf of employees of the businesses.
Defending Against Claims Of Discrimination And Retaliation
The Mavrick Law Firm had significant successes in defending businesses who are accused of discrimination and retaliation. Our Fort Lauderdale employment law attorneys have defended businesses against charges of discrimination and retaliation filed with the EEOC and Florida’s state and local agencies that investigate claims of discrimination. The Mavrick Law Firm also has successfully defended businesses defending against lawsuits in state and federal court asserting discrimination and retaliation, including claims of race discrimination, sexual harassment and discrimination, worker’s compensation retaliation and discharge, age discrimination, whistleblower retaliation, and other claims. We understand the business realities employers face and how many claims of discrimination and retaliation are bogus and devoid of merit.
Representing Businesses Against Employee Disloyalty Fraud
The Mavrick Law Firm also has successfully represented South Florida employers in litigation against former employees who have abused their trust relationship with the employer. Mr. Mavrick successfully represented a Florida company to recover from a key former employee who stole substantial business, business opportunities, and money from the former employer to set up and operate a competing business. Florida law governing employee duty of loyalty bars expresses the common-sense concept that it is against the law to undertake disloyal acts against the employer during the employment relationship.
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