Articles Posted in Business Litigation

There are generally two types of appeals in business litigation lawsuits – final appeals and non-final appeals. Fla. R. App. P. 9.110; Fla. R. App. P. 9.130. A final order appeal requires the underlying order to be final as the name suggests. “A final order or judgment is one which evidences on its face that…

 While fraud typically includes a fraudulent misrepresentation, under certain circumstances, omission of facts can also constitute fraud. In Florida, the elements of a claim of fraud are “(1) a false statement concerning a specific material fact; (2) the maker’s knowledge that the representation is false; (3) an intention that the representation induces another’s reliance; and…

A litigant cannot generally obtain its adversary’s attorney’s fee records pre-trial because those records are privileged. Tumelaire v. Naples Ests. Homeowners Ass’n, Inc., 137 So. 3d 596 (Fla. 2d DCA 2014) (“As to the information on the fee arrangement between Tumelaire and her attorney, this information is indeed protected by attorney-client privilege.”). Courts have determined…

Fraudulent misrepresentation and negligent misrepresentation are similar claims. Both involve the expression of a false statement. However, there are differences between the two, and those differences can alter the outcome of a business dispute if they are not considered carefully. The Miami business litigation attorneys of the Mavrick Law Firm represent businesses and their owners…

The prevailing party in a lawsuit can recover the taxable costs it spent litigating. Fla. Stat. § 57.041 (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.”). Taxable costs are recoverable even if there is no statute or contract provision allowing for recovery.…

There are many claims a plaintiff can bring to thwart unfair competition or recover damages from unfair competition. Plaintiffs can assert trade secret misappropriation claims, trade mark infringement claims, tortious interference claims, breach of restrictive covenant claims, breach of fiduciary duty of loyalty claims, and deceptive and unfair trade practices claims among others. However, the…

The court presiding over any matter must have jurisdiction over the subject matter because it provides the court with “the power [to] lawfully… hear and determine a cause.” Cunningham v. Standard Guaranty Insurance Co., 630 So.2d 179 (Fla. 1994). “It is the power to lawfully conferred to deal with the general subject involved in the…

The type of the verdict form used at trial is usually not given great consideration at the outset of the lawsuit. However, the form of the verdict form has the potential to play a key role in the ultimate trial outcome because the jury’s decision, and appellate review of that decision, are deeply impacted by…

The act of misappropriating a trade secret is not one size fits all because there are two different types of misappropriation – acquisition and disclosure or use. Fla. Stat. § 688.002. Misappropriation under the acquisition theory occurs when a person obtains the trade secret knowing it was acquired through improper means or possesses reason to…

Many employers compensate their employees on a commission basis. Some employees are paid 100% on commission, while other employees receive commissions as part of their total compensation package. However, paying employees on a commission basis, whether in full or in part, can create legal disputes because the revenues generated by the employee’s commission related activities…