Articles Posted in Business Law

Businesses often enter contracts with vendors, independent contractors, executives, employees, and others. But sometimes, these contracts may be verbal and unformalized. If a dispute arises regarding one of these verbal contracts, it may not be enforceable under the Statute of Frauds. Peter Mavrick is a Fort Lauderdale business litigation attorney. Peter Mavrick is a Fort…

If you are in a business dispute involving several persons acting in concert with one another, you could have a claim for civil conspiracy. The “gist of a civil conspiracy [claim] is not the conspiracy itself, but the underlying civil wrong” that is the focus or purpose of the conspiracy. Tejera v. Lincoln Lending Servs.,…

Florida law provides a mechanism to forcibly dissolve corporations if that corporation is paralyzed by internal disputes between shareholders or board members. The mechanism can provide some frustrated shareholders an option to rid themselves of the asset and move on. Peter Mavrick is a Miami business litigation attorney, and represents clients in Fort Lauderdale, Boca…

Non-compete agreements have been a standard business practice for many years. Businesses use non-compete agreements to protect their interests like proprietary business information, trade secrets, customer, goodwill, staff, and others. However, on April 23, 2024, the Federal Trade Commission (FTC) upended this long-standing business practice by issuing a rule banning most non-compete agreements. See 16…

You should protect your trade secrets at all lawful costs. But sometimes, trade secrets are stolen and misappropriated despite your best efforts to protect them. This article discusses some of the remedies available when trade secrets are stolen and the duration you can obtain those remedies in the future. Peter Mavrick is a Fort Lauderdale…

If a creditor files a claim of fraudulent transfer against a debtor, the creditor has several options for remedies. The remedies available include injunctions, avoidance, attachment, appointment of a receiver, and potentially, money damages. These remedies are articulated in section 726.108, Florida Statutes. Peter Mavrick is a Miami business litigation attorney, and represents clients in…

When a debtor fraudulently transfers assets to a third party to avoid paying a debt owed to a creditor, the creditor can pursue legal relief by filing a fraudulent transfer claim. But this begs the question – who can a creditor sue in a fraudulent transfer lawsuit to recover monies owed by the debtor? Is…

We previously written about the importance of trade secret “compilations” because a trade secret owner can claim certain information is trade secret even when the information is public. Secrecy is the bedrock to possessing trade secrets because they are defined as information “deriv[ing]] independent economic value… from not being generally known to, and not being…

Contracting parties may stipulate to a particular forum for resolving future disputes. Am. K-9 Detection Servs., Inc. v. Cicero, 100 So. 3d 236 (Fla. 5th DCA 2012). This is known as a forum selection clause. The clause can be mandatory, which requires the parties to litigate in the particular chosen forum to the exclusion of…

Waiver is the voluntary relinquishment of a known right. Major League Baseball v. Morsani, 790 So. 2d 1071 (Fla. 2001). The concept of wavier is important in law because it applies to a wide variety of scenarios. A litigant can waive the right to a term expressed within a contract pre-suit, to bring a claim…