Articles Posted in Business Litigation

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.…

Litigants wishing to preserve their right to arbitration in commercial disputes should have a strong understanding of that right and take actions to zealously preserve that right. The right to arbitration may be waived, and the question as to whether a party unintentionally waived arbitration arises often in litigation. Parties opposing arbitration often try to…

“Fool me once, shame on you. Fool me twice, shame on me,” is common sense. It also is a principle of law recently affirmed by the U.S. Court of Appeals for the Eleventh Circuit. Parties that claim that they were defrauded by another generally cannot claim fraud a second time based upon later misrepresentations. This…

Parties to a contract can agree to arbitrate certain disputes within a contract. As discussed in many of our previous articles, resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of the case. Whether a particular dispute between parties is arbitrable…