Florida Business Litigation Lawyer Blog

MIAMI BUSINESS LITIGATION: AN EMPLOYEE’S DUTY TO MAINTAIN THE TRADE SECRETS OF ITS EMPLOYER IS NOT ALWAYS IMPOSED ON THE EMPLOYEE
Mavrick Law Firm

The proponent of a trade secret must prove the information was “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” Fla. Stat. § 688.02. Simply instructing another not to divulge the information is probably insufficient. Glob. Marine Expl., Inc. v. Republic of France, 696 F. Supp. 3d 1131 (N.D. Fla.…

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FORT LAUDERDALE BUSINESS LITIGATION: ANTICIPATORY REPUDIATION CAN BE USED AS A CLAIM AND A DEFENSE IN A LAWSUIT
Mavrick Law Firm

An anticipatory breach (also known as anticipatory repudiation) of a contract occurs when a party, by words or actions, repudiates a contract prior to the time of performance. Under Florida law, anticipatory breach can be asserted as a cause of action for damages, or as a defense to a breach of contract claim. The pivotal…

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DEFENDING FLORIDA EMPLOYERS: DISCRIMINATION CLAIM UNDER MIAMI-DADE COUNTY ORDINANCE
Mavrick Law Firm

A key recurring issue in defending employers against employment discrimination claims is the requirement that the former employee exhaust administrative remedies. Florida laws governing employment discrimination, including the Florida Civil Rights Act and Florida county ordinances, require the employee to file charge of discrimination with an “administrative agency,” i.e., a government agency that processes and…

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MIAMI BUSINESS LITIGATION: TRADE SECRET OWNERSHIP
Mavrick Law Firm

A company suing for trade secret misappropriation should be cognizant of whether it must prove ownership over the trade secret. Some trade secret statutes require ownership to establish the claim, while other statutes do not. For example, a Florida business can probably sue for trade secret misappropriation under the federal Defend Trade Secrets Act (DTSA)…

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FORT LAUDERDALE NON-COMPETE AGREEMENTS: “TRADE SECRETS” AS A BASIS FOR ENFORCEMENT
Mavrick Law Firm

It is a good practice for businesses to require its employees to sign restrictive covenants, such as non-compete and confidentiality agreements, to protect trade secrets or confidential business information. If an employee breaches the restrictive covenant, the business could file a lawsuit against the employee to enforce the restrictive covenant. To succeed in the lawsuit,…

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MIAMI BUSINESS LITIGATION: PREVAILING PARTY RECOVERY OF LEGAL EXPENSE
Mavrick Law Firm

We recently wrote articles on a litigant’s ability to recover prevailing party attorney’s fees under the American Rule. The Rule prohibits attorney’s fees unless they are authorized by statutes or by a contract provision. Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 (Fla. 4th DCA 2020) (“Under the American rule, a court…

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FORT LAUDERDALE NON-COMPETE AGREEMENTS: SOLICITATION REQUIRES PROACTIVE ACT
Mavrick Law Firm

Restrictive covenants, such a non-compete and non-solicitation agreements, are important tools for businesses to protect their business interests. Restrictive covenants are enforceable if they are reasonable in time, geographic area, line of business, and supported by a “legitimate business interest.” Fla. Stat. § 542.335. Legitimate business interests can include protection of substantial relationships with specific…

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MIAMI BUSINESS LITIGATION: CONTRACTUAL ATTORNEY’S FEES PROVISIONS DO NOT ALWAYS ALLOW RECOVERY
Mavrick Law Firm

Earlier this week we explored the American Rule and its prohibitions against recovering attorney’s fees unless a contractual provision or statute permits the prevailing party to recover those attorney’s fees. We also explored two difficulties that can arise when a party seeks to recover his or her attorney’s fees under a statute. The first difficulty…

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FORT LAUDERDALE BUSINESS LITIGATION: PREVAILING PARTY ATTORNEY’S FEES ARE NOT GUARANTEED
Mavrick Law Firm

Recovering attorney’s fees is governed by the American Rule. This rule generally prohibits a party from recovering his or her attorney’s fees unless the fees are expressly permitted pursuant to a contract, statue, or rule. Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 (Fla. 4th DCA 2020) (“Under the American rule, a…

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DEFENDING FLORIDA EMPLOYERS: THE ADMINISTRATIVE EXEMPTION APPLIES TO OVERTIME WAGE CLAIMS
Mavrick Law Firm

It is important for employers to properly classify their employees as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Under the Fair Labor Standards Act, if an employee works more than forty hours in a week, the employee must be paid an overtime rate of at least 1.5 times their regular hourly rate…

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Client Testimonials

A few months ago our company was in need of a Labor Law Attorney and we were very lucky to have found Peter Mavrick. He is a great attorney, he maneuvered through a rather complex Employers Liability case advocating against the opposition and protecting our company and personal interests. He was...

C.Y.

Peter Mavrick successfully defended our company in a federal court jury trial. The jury ruled our way in a lawsuit by a person claiming our company owed him overtime wages. Mr. Mavrick “out-lawyered” the opposing lawyer and handled the case like our company was his own family’s business.

Business owner Arthur P.

For years, Mr. Mavrick has provided sound advice to my business and he provided excellent representation in a business lawsuit. He is highly responsive and his legal knowledge, skill, and advice are excellent.

Business owner Preston M.

Peter Mavrick successfully defended my company and me in a non-competition covenant lawsuit that sought an injunction that would have effectively shut down my business. Mr. Mavrick energetically handled the case like it was his own. He got the case dismissed with no liability and saved the business...

Business owner Kevin W.

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