Articles Posted in Business Litigation

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…

The trial is over and the jury rendered its verdict awarding money damages to the plaintiff. The Court entered a final judgment based on the jury’s verdict as a result. Now what? The Fort Lauderdale business litigation attorneys of the Mavrick Law Firm represent businesses and their owners in breach of contract litigation and related…

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law enacted in 1970 to target organized and white-collar crime by focusing on patterns of criminal activity within an “enterprise” rather than individual crimes. The law was enacted due to concerns associated with organized crime infiltrating businesses. In fact, some say the law was…

Plaintiffs often seek injunctions against defendants to prohibit the defendants from taking some action adverse to the plaintiff. Litigants seeking an injunction must demonstrate the injunction serves the public interest among other factors. Wayne’s Aggregate & Materials, LLC v. Lopez, 391 So. 3d 633 (Fla. Dist. Ct. App. 2024) (“A party seeking a temporary injunction…

A statute of limitations prohibits a claimant from asserting a claim after a certain time period. The statute of limitations varies for different types of claims. The statute of limitations on written contracts is five years, oral contracts is four years, and most business torts is four years. Fla. Stat. § 95.11. The Miami business…

Tortious interference is a well-known business tort. One may tortiously interfere with a contract or a business relationship. The elements of tortious interference with a contract or business relationship essentially the same. A plaintiff asserting a tortious interference claim must prove the existence of a relationship which may or may not be evidenced by an…