Articles Posted in Business Litigation

Liquidated damages are an agreed fixed amount of money that parties enter into in a contract where they said if another party breaches it, this is going to be the amount they agree upon in damages. Liquidated damages frequently exceed what the law permits and there are legal limitations as to what a liquidated damage…

There are many different types of contracts, but the most common component of a contract is offer, acceptance, and consideration, meaning that one party offers something, the other party supplies something else, and there’s mutual promises exchanged. There are other types of contracts also, such as unilateral contracts, where one party has offered to have…

A trade secret is a form of intellectual property that is something that is of independent value because it is not generally known. The trade secret must be kept secret and the way it’s protected is in 2 ways: 1) It’s secrecy has to be maintained. For example, the Coca-Cola formula is something that is…

Due diligence is checking up on the details of a transaction. Typically, due diligence occurs when there’s a purchase of a business. The buyer of the business is, of course, wanting to find out are the representations of the seller accurate? They’re going to want to go look through the papers. They want to make…

When two parties commit the same wrongdoing and are equally at fault, the court generally will not get involved in their transaction. That rule is known as the doctrine of “in pari delicto.” The doctrine of in pari delicto generally will apply to various forms of unlawful contracts. For example, if two parties enter into…

Franchise agreements can serve to establish a mutually beneficial relationship for the franchisor and the franchisee. Under a franchise agreement, the franchisor’s brand is allowed to grow through an independent business, i.e., the franchisee, and the franchisee is able to start a business without having to create a new product or brand. Because franchisees are…

The “American rule” holds that each party to a lawsuit will pay for his or her own attorney’s fees regardless of who prevails in the case. Unless a statute or contractual provision says otherwise, Florida courts will apply the American rule. For that reason, contracts oftentimes contain provisions stating that if litigation arises under the…

Because arbitration usually is cheaper and faster than litigation, employers often include arbitration agreements in their employment contracts. However, courts do not always enforce arbitration agreements. Although federal law favors arbitration, state and federal courts may find an arbitration agreement unenforceable for several reasons. One such reason is when the arbitration agreement contains a provision…

Trials in business disputes typically deal with documents such as correspondence, ledgers, contracts, and other business records. While those documents by themselves are often inadmissible hearsay, business trial attorneys usually get the documents into evidence via the “business records exception” to the rule against hearsay. The business record exception is based on the concept that…