Articles Posted in Business Litigation

In business litigation, it is common for parties to assert claims of breach of contract and, in the alternative, claims of tortious interference with a “business relationship.” Tortious interference is often asserted as a “back up” in case the contract claim fails. Tortious interference with an advantageous business relationship is essentially a claim that the…

Under federal law, the term “trade dress” involves the total image of a product and may include features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques. For example, “[t]he design or packaging of a product may acquire a distinctiveness which serves to identify the product with its manufacturer…

In breach of contract litigation between businesses, a frequent issue is the amount of allowable damages. Florida appellate courts scrutinize the method for computing damages in business litigation, using the “de novo” standard of review (i.e., no deference to the decision of the trial court) when the method used at trial for computing damages involves…

In some business sales, buyers later discover material misrepresentations made by the seller to induce purchase of the business. However, there also are cases of “buyer’s remorse,” where some buyers look for an illegitimate excuse to get out of a business deal they wish they did not make where there was no fault on the…

In business litigation over alleged misappropriation of trade secrets, parties frequently dispute the legal requirement that the allegedly misappropriated trade secrets be disclosed with “reasonable particularity.” Florida and federal courts generally hold that when a plaintiff asks the court to find that trade secrets exist and that the defendant misappropriated those trade secrets, the plaintiff…

Forensic examinations of cellular phones and other electronic devices are needed when a party willfully withholds relevant information during discovery or where a party is unwilling or unable to search their electronic devices on their own accord. Federal courts can order a party to submit their electronic devices for a forensic examination in business litigation…

Many Florida corporations are owned or controlled by two individuals who have equal authority. While 50/50 control over a corporation can sometimes work for a time, it is often not sustainable. When a conflict arises between two equal owners of a corporation, there is usually not an easy solution to fix the deadlock. A co-owner…

A Florida business’ list of customers can be its most valuable asset. Often, disgruntled employees try to leave and start a new business with their former employer’s customer list. These disgruntled employees can often use customer information to undercut their former employer, without spending the money that the former employer took to get that information.…

Florida businesses often prefer that their disputes be arbitrated and place arbitration provisions in their contracts. That right can easily be waived through conduct in litigation, however, such a waiver will likely be limited to the dispute at issue when the waiver occurred. Peter Mavrick is a Fort Lauderdale business litigation lawyer, and also represents…

Mavrick Law Firm has written extensively about conflicts concerning the right to have a dispute decided in arbitration. Parties will often believe that there is strategic advantage in pursuing or avoiding arbitration, and consequently, the arbitrability of a dispute is often litigated. This hotly contested issue can lead to an appeal from the aggrieved party.…