Articles Posted in Business Litigation

Many business litigation cases assert claims for conversion and civil theft. Under Florida law, and as explained by Florida’s Third District Court of Appeal in Ice v. Cosmopolitan Residences on South Beach, a Condominium Association, Inc., 237 So.3d 408 (Fla. 3d DCA 2017), conversion “is the exercise of wrongful dominion and control over the property…

Under Florida law, breach of contract by anticipatory repudiation allows the non-breaching party to terminate his own contract and then sue for damages. The Supreme Court of Florida in Hospital Mortgage Group v. First Prudential Development Corp., 411 So.2d 181 (Fla. 1982), explained in pertinent part that, “[i]n dealing with anticipatory repudiations[,] the law is…

Business litigation cases frequently assert claims of unjust enrichment that fail to satisfy the requirements of Florida law. Florida’s Third District Court of Appeal in Gonzalez v. Eagle Insurance Co., 948 So.2d 1 (Fla. 3d DCA 2006), explained that, “[a]t the core of the law of restitution and unjust enrichment is the principle that the…

The Sherman Anti-Trust Act prohibits conspiracies unreasonably restraining trade. A group of competitors cannot enter agreements fixing prices or wages; rigging bids; or allocating customers, workers, or markets. 15 U.S.C. § 1. Consequently, exclusivity contracts and other restrictive covenants reducing competition may violate the Sherman Antitrust Act if they are solely intended to prevent ordinary…

Florida’s Deceptive and Unfair Trade Practices Act, often called “FDUPTA,” prohibits certain deceptive and unfair trade practices. In Bookworld Trade, Inc. v. Daughters of St. Paul, Inc., 532 F.Supp.2d 1350 (M.D. Fla. 2007), the United States District Court for the Middle District of Florida explained that “[a] deceptive practice is one that is likely to…

This article discusses the circumstances obligating parties in business litigation to arbitrate and when they can avoid arbitration. “Arbitration is a preferred method of dispute resolution.” Obolensky v. Chatsworth as Wellington Green, 240 So. 3d 6 (quoting BallenIsles Country Club, Inc. v. Dexter Realty, 24 So. 3d 649, 652 (Fla. 4th DCA 2009)). Precedent from…

Federal law and Florida law provide private causes of action for unauthorized access to computers. The federal law is called the Computer Fraud and Abuse Act (CFAA), and imposes civil liability on those who “intentionally access[ ] a computer without authorization or exceed[ ] authorized access.” 18 U.S.C. § 1030(a)(2). Florida’s statute is the Computer…

The Defend Trade Secrets Act (commonly called “DTSA”) is a federal law that prohibits trade secret misappropriation. DTSA states, at 18 U.S.C. section 1836(a), that “[a]n owner of a trade secret that is misappropriated may bring a civil action under this subsection if the trade secret is related to a product or service used in,…

Sellers and buyers have competing interests when negotiating a contract. One term sellers and buyers should consider when negotiating their purchase agreement is the fraudulent inducement disclaimer provision. These provisions can help sellers avoid or defeat lawsuits if the buyer develops “buyer’s remorse” after entering the agreement because the buyer cannot claim the seller’s representations…

The expiration of a non-compete period does not necessarily mean the covenant is unenforceable. A former employer may be able to enforce a non-compete against a former employee if the non-compete period expired and the non-compete period was tolled by the former employee’s violation of his restrictive covenant. Restrictive covenants, like non-compete agreements and non-solicitation…