Articles Posted in Business Litigation

If a creditor files a claim of fraudulent transfer against a debtor, the creditor has several options for remedies. The remedies available include injunctions, avoidance, attachment, appointment of a receiver, and potentially, money damages. These remedies are articulated in section 726.108, Florida Statutes. Peter Mavrick is a Miami business litigation attorney, and represents clients in…

When a debtor fraudulently transfers assets to a third party to avoid paying a debt owed to a creditor, the creditor can pursue legal relief by filing a fraudulent transfer claim. But this begs the question – who can a creditor sue in a fraudulent transfer lawsuit to recover monies owed by the debtor? Is…

We previously written about the importance of trade secret “compilations” because a trade secret owner can claim certain information is trade secret even when the information is public. Secrecy is the bedrock to possessing trade secrets because they are defined as information “deriv[ing]] independent economic value… from not being generally known to, and not being…

Contracting parties may stipulate to a particular forum for resolving future disputes. Am. K-9 Detection Servs., Inc. v. Cicero, 100 So. 3d 236 (Fla. 5th DCA 2012). This is known as a forum selection clause. The clause can be mandatory, which requires the parties to litigate in the particular chosen forum to the exclusion of…

Waiver is the voluntary relinquishment of a known right. Major League Baseball v. Morsani, 790 So. 2d 1071 (Fla. 2001). The concept of wavier is important in law because it applies to a wide variety of scenarios. A litigant can waive the right to a term expressed within a contract pre-suit, to bring a claim…

A party can recover lost profit damages as direct damages or consequential damages. Lost profits, like all damages, are considered direct when they flow directly and immediately from the contractual breach. HCA Health Services of Florida, Inc. v. CyberKnife Ctr. of Treasure Coast, LLC, 204 So. 3d 469 (Fla. 4th DCA 2016). Lost profits are…

Plaintiffs commonly pursue punitive damages when asserting fraud claims. The purpose of punitive damages is to punish unlawful conduct. State Farm Mut. Auto. Ins. Co. v. Brewer, 191 So. 3d 508 (Fla. 2d DCA 2016). They are available when a defendant commits intentional misconduct or gross negligence. Fla. Stat. § 768.72. Punitive damages are especially…

Under Florida law, enforcement of a non-compete agreement requires requires proof of at least one “legitimate business interest.” Fla. Stat. § 542.335 (“The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant.”). A failure to plead or prove the existence…

Many business contracts contain arbitration provisions, which often creates a question as to whether the contracting parties must resolve their dispute in arbitration. Florida courts consider three elements when determining whether to enforce a contractual arbitration provision. They are (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and…

Florida and federal statutes generally define a “trade secret” to be information that the owner takes reasonable measures to keep secret and the information derives “independent economic value” from not being generally known to others. Courts ordinarily view the existence of a trade secret as a question of fact. The United States Court of Appeals…