Articles Posted in Business Litigation

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…

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…

A temporary injunction is often an effective protection for to prevent an adversary from using stolen trade secrets, such as a customer list. Peter Mavrick is a Fort Lauderdale trade secret lawyer who represents businesses in trade secret litigation. In the case of I.C. Systems, Inc. v. Oliff, 824 So. 2d 286 (Fla. 4th DCA…

Businesses often envision that litigation over trade secrets will generally involve a direct lawsuit by or against a person or company that steals or divulges such information in violation of a position of trust. However, trade secrets can come under attack by way of a discovery requests in litigation where the owner of the trade…

Trade secrets are a form of intellectual property that are maintained in secrecy. There is no bright line rule that the courts use to determine whether an employee should be enjoined from utilizing a corporation’s trade secrets. The courts must first determine whether the information in question constitutes a trade secret. Courts also look to…

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…

As a business owner, ensuring that your customer list is adequately protected can often be a challenging task. Employees who have direct access to a customer list can misappropriate that information and use it to compete directly against the business. Fortunately, a business’s customer list may qualify as a trade secret to justify the enforcement…

During discovery opposing parties request the production of relevant evidence and documents to encourage fair judicial proceedings and case settlements. Although the rules of both state and federal civil procedure are broad enough to encompass most discovery requests, not everything that a party requests is discoverable. There are certain objections and privileges that exist to…

Competitive bidding is common for many businesses, including construction companies, supply companies, and retail providers, among others. In most cases, an entity will solicit bids from competing bidders through a request for proposal (RFP) and will award a contract to the most attractive bid, which can depend on several factors. Although competitive bidding can lead…

To have legal recourse for the misappropriation of a trade secret under Florida law, a plaintiff must: (1) prove the existence of a trade secret; (2) prove that it took reasonable measures to protect the trade secret; and (3) demonstrate that the trade secret was misappropriated. See Del Monte Fresh Produce Co. v. Dole Food…