A lawsuit is generally considered over once a litigant obtains judgment in its favor assuming no appeal is taken and no post-judgment collection issues exist. However, the losing party is often left unsatisfied. Therefore, the loser may try to “re-do” the lawsuit by suing the defendant again using slightly different…
It is important that businesses classifying workers as independent contractors ensure they are properly classified. Whether workers are independent contractors can have important implications for various federal and state statutes. For example, if a worker is an independent contractor, the business does not have to pay them overtime under the…
Non-compete agreements have received significant attention this year after the Federal Trade Commission issued a rule on April 23, 2024, banning most employee non-compete agreements. The rule was scheduled to go into effect on September 4, 2024. However, on August 20, 2024, a court in the United States District Court…
Many businesses require employees, independent contractors, and others to sign restrictive covenants. Common restrictive covenants are non-compete agreements prohibiting competition with the business, non-solicitation covenants prohibiting solicitation of the businesses’ customers and employees, and non-disclosure covenants preventing the disclosure of certain company information. However, these covenants have certain restrictions on…
After a claimant successfully prevails in a lawsuit and obtains a money judgment against the opposing party, the claimant must collect on the judgment. However, collecting is often easier said than done because the losing party does not usually pay the judgment voluntarily. The prevailing party must often undertake further…
A trade secret could be the lifeblood of a business, and it is critical for businesses to protect their trade secrets. If a business’ trade secret is misappropriated, the business likely will want to commence litigation. What remedies can the business obtain for the trade secret misappropriation? Determining the remedies…
It is important for businesses to protect their trade secrets to prevent their misappropriation. But sometimes, a business’s trade secrets are stolen despite the business’s best efforts to protect them. For example, an employee may steal his employer’s trade secrets and start a competing business or provide the secret to…
When a business prevails in a lawsuit that was brought unjustly, it might have a cause of action for malicious prosecution. The cause of action for malicious prosecution arises out of the wrongful commencement of a judicial proceeding. “The essence of the tort of malicious prosecution is the misuse of…
Breach of contract is a common cause of action in business disputes. When deciding whether to file a lawsuit for breach of contract, one must determine the remedies are available for the particular breach of contract in question. Florida law allows remedies for damages, restitution, and specific performance. Ocean Commc’ns,…
Businesses commonly enter into restrictive covenants with their employees to prohibit them from unfairly competing with the business during and after employment. Restrictive covenants include contracts that restrict competition, such as non-compete agreements, non-disclosure agreements, and confidentiality agreements. When preparing a restrictive covenant, what provisions should be included? Typically, a…