Articles Posted in Business Law

MIAMI BUSINESS LITIGATION: DISPUTES OVER “LOST PROFITS”
Mavrick Law Firm Team

Recovery of business losses for another party’s wrongful actions can often be insufficient without recovery of “lost profits.” Lost profits consist of the amount of profit a business would have earned, absent the breach of contract. Proof of lost profits must be based on evidence that is reasonably certain and not based on speculation. Proof…

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MIAMI BUSINESS LITIGATION: ENFORCEABILITY OF CONTRACTS THAT DISCLAIM ALL LIABILITY
Mavrick Law Firm Team

Contracts often include exculpatory provisions, usually known as “limitation of liability” clauses. An exculpatory clause typically relieves one party of liability for damages they may cause to the other party during the execution of the contract. A party will usually limit its liability to the amounts it would have been paid under the contract. When…

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MIAMI BUSINESS LITIGATION: STRATEGIC USE OF OFFERS JUDGMENT
Mavrick Law Firm Team

Florida law permits parties in litigation to issue offers of judgment and demands for judgment/proposals for settlement to their adversaries in litigation. If the opposing party accepts the offer, this will typically conclude litigation between the parties. If the opposing party refuses, and the offering party prevails by more than 25%, then the offering party…

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FLORIDA NON-COMPETE AGREEMENTS: ASSIGNMENT OF A NON-COMPETE AS PART OF A BUSINESS SALE
Mavrick Law Firm Team

Florida law governing non-compete agreements imposes specific requirements for a contractual “assignment” provision to be considered valid. Florida Statutes Section 542.335(1)(f)(2) requires assignment of a non-compete provision to be expressly authorized by the contract in order to be enforced by an employer’s assignees or successors. Florida courts interpret the plain meaning of the wording of…

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MIAMI BUSINESS LITIGATION: FRUSTRATION OF PURPOSE OR IMPRACTICABILITY MAY EXCUSE PERFORMANCE OF CONTRACTUAL OBLIGATIONS DUE TO PANDEMIC
Mavrick Law Firm Team

Contract termination can sometimes be necessary even when there has been no wrongdoing by any party. Unanticipated circumstances for one party can frustrate the purpose of the contract or render performance of a contract impractical. The Mavrick Law Firm’s recent, related article addressed the legal excuse of “impossibility” when contractual obligations become impossible to perform…

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FLORIDA BUSINESS LITIGATION: WHEN CONTRACTUAL PERFORMANCE MAY BE EXCUSED BECAUSE OF PANDEMIC
Mavrick Law Firm Team

As the world strives to persevere through the COVID-19 pandemic and the resulting economic fallout, it may become impossible for many Florida businesses to comply with their business contracts. Businesses may be able to cancel those contracts if they contain a “force majeure” clause. Force majeure clauses are contractual terms which remove liability for natural…

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FLORIDA BUSINESS LITIGATION, PART TWO: CONTRACTUAL “INTEGRATION” OR “MERGER” CLAUSES CAN REDUCE UNCERTAINTY IN BREACH OF CONTRACT LAWSUITS
Mavrick Law Firm Team

This article is the second in a two-part series on contractual “merger” or “integration” clauses (the terms merger and integration are used interchangeably). Integration/merger clauses purport to define a contract as being limited to only what is contained in the written document signed by the parties. This can help ensure that neither party will later…

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ARBITRATION AND BUSINESS LITIGATION: COURTS CAN DEEM PARTIES BOUND BY ARBITRATION CLAUSE FROM A SEPARATE WRITTEN CONTRACT
Mavrick Law Firm Team

When parties execute two separate contracts and only one contract contains an arbitration clause, generally the parties cannot be compelled to arbitrate disputes arising from the contract that does not call for arbitration. However, under certain circumstances courts will extend the arbitration provisions from one contract to a separate contract, and the parties may be…

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FLORIDA ARBITRATION LAW: WHEN CAN THIRD PARTY BENEFICIARIES TO A CONTRACT BE COMPELLED TO ARBITRATE?
Mavrick Law Firm Team

An important trend in business contracts today involves the use of arbitration provisions to resolve some or all contemplated disputes that may arise between parties to the contract and sometimes “third-party beneficiaries” of the contract. Contracts are often made for the benefit of a third-party who did not sign the agreements. A third-party beneficiary is…

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TRADE SECRET LITIGATION: MISAPPROPRIATION OF TRADE SECRETS BY A BUSINESS RIVAL
Mavrick Law Firm Team

Intellectual property is the foundation for innovation and ingenuity. Protecting your intellectual property rights, both as an individual or business, is essential to maintaining an economic advantage over your competitors. Trade secrets are one of the most controversial forms of intellectual property because the information is maintained in secrecy. By contrast, other intellectual property, such…

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