Articles Posted in Business Litigation

Many businesses create new business concepts. A business concept, however, does not automatically evolve from an interesting idea to a legally protected trade secret. A concept doesn’t need to be built to be protected, but the concept needs enough substance to be economically valuable and for a court to know what it’s protecting. Peter Mavrick…

It is not uncommon for parties in a business relationship, such as partners, franchisors and franchisees, and employers and employees, to discover that they cannot agree on their rights with respect to each other. Sometimes contracts are ambiguous, or the parties never determined how they would address a particular problem that later arises. Florida law…

A business can seek an injunction to enforce a non-compete agreement before a lawsuit is completed if the business is suffering losses due to the violation of a non-compete agreement. There are different legal standards for issuance of a temporary injunction, depending on whether the lawsuit and motion occur in federal or state court. The…

Arbitration can be a useful tool to thwart unwanted litigation, and, therefore, contracting parties often include mandatory arbitration provisions in contracts to discourage unnecessary litigation. See, e.g., Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407, 1412 (2019) (prohibiting employees from asserting a class action arbitration unless the class waived their right to sue in…

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…

This article is part one in a two-part series of articles on contractual “merger” or “integration” clauses, which purport to limit the terms of a contract to the terms contained in the written document signed by the parties. This can help ensure that neither party will later claim that he was promised something as part…

Generally, a non-compete agreement is enforceable if it is in writing, supports an employer’s legitimate business interest, and is not overly restrictive in its duration and geographical area. See Florida Statute § 542.335. The Florida Statute governing non-compete agreements lists several public policy considerations that appear, at first blush, to be an impediment to the…

Agreements in restraints of trade are generally void unless they comply with the procedures of § 542.335, Florida Statutes. The statute requires that any agreement restraining trade, such as a non-compete or non-solicitation agreement, be supported by a “legitimate business interest.” An agreement restraining trade can only be enforced to the extent that the agreement…

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), § 501.201 et seq, Florida Statutes, allows a person to sue a business for unfair competition and deceptive or unconscionable business practices. Although the statute allows a consumer to sue a business for violations of FDUTPA, Florida appellate court decisions have also allowed some businesses to sue…

Florida law can protect companies when their trade secrets are stolen. For such protections to apply, the confidential information at issue must qualify as a “trade secret” as defined by the Florida Uniform Trade Secrets Act (“FUTSA”). Fla. Stat. 688.001, et seq. Generally, something can be a trade secret if derives “independent economic value from…