Florida Business Litigation Lawyer Blog

MIAMI BUSINESS LITIGATION: TORTIOUS INTERFERENCE CLAIMS
Mavrick Law Firm

Tortious interference is a common business tort whereby the defendant unlawfully interferes with the plaintiff’s business relationship or contractual relationship. The elements of tortious interference are: (1) the existence of a business relationship [or contractual relationship] between the plaintiff and a third person, not necessarily evidenced by an enforceable contract, under which the plaintiff has…

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FORT LAUDERDALE BUSINESS LITIGATION: WHAT CONSTITUTES PROOF OF A TRADE SECRET
Mavrick Law Firm

Proving the existence of a trade secret in a court of law is no easy feat. The trade secret’s proponent has the burden of establishing the specific information he or she seeks to protect. Am. Red Cross v. Palm Beach Blood Bank, Inc., 143 F.3d 1407 (11th Cir. 1998) (“In a trade secret action, the…

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MIAMI BUSINESS LITIGATION: THIRD-PARTY BENEFICIARY TO CONTRACT
Mavrick Law Firm

Standing is a legal concept requiring the litigant bringing the lawsuit to have a sufficient stake in the outcome of the controversy that enables the litigant to judicially resolve the controversy. Jamlynn Invs. Corp. v. San Marco Residences of Marco Condo. Ass’n, 544 So. 2d 1080 (Fla. 2d DCA 1989). The standing concept imposes a…

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FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE BURDENS
Mavrick Law Firm

“Florida law … contains a comprehensive framework for analyzing, evaluating and enforcing restrictive covenants contained in employment contracts.” Vital Pharmaceuticals, Inc. v. Alfieri, 23 F. 4th 1282, 1291 (11th Cir. 2022) (quotation and citation omitted). This framework includes a burden shifting approach between the restrictive covenant’s enforcer and enforcee that provides each party with an…

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MIAMI BUSINESS LITIGATION: TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS
Mavrick Law Firm

In the absence of a non-compete agreement, Florida law prohibits tortious interference with certain business relationships. The Supreme Court of Florida, in Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126 (Fla. 1985), explained that the elements of a claim for tortious interference with a business relationship are “(1) the existence of a business relationship…(2)…

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FORT LAUDERDALE BUSINESS LITIGATION:TRADE SECRET MISAPPROPRIATION VIA “SUBSTIANTIAL DERIVATION”
Mavrick Law Firm

Under Florida law, a trade secret means information not commonly known by or available to the public, which derives economic value from not being generally known to or ascertainable by proper means by others who can obtain economic value from the information, and that was subject to reasonable efforts to maintain its secrecy. Florida’s trade…

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MIAMI BUSINESS LITIGATION: DIRECT AND INDIRECT TRADE SECRET MISAPPRORIATION
Mavrick Law Firm

Federal courts distinguish between “direct” and “indirect” claims of trade secret misappropriation. The United States District Court for the Northern District of California, in Heller v. Cepia, L.L.C., 2012 WL 13572 (N.D. Cal. Jan. 4, 2012), explained that the difference depends on whether a plaintiff alleges the defendant obtained the trade secrets directly from the…

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FORT LAUDERDALE BUSINESS LITIGATION: MATERIAL BREACH OF CONTRACT
Mavrick Law Firm

Not all contractual breaches are treated equally. Some breaches are material, while other breaches are not. Materiality matters because a material breach relieves the non-breaching party of his or her duties to perform under the contract. JF & LN, LLC v. Royal Oldsmobile-GMC Trucks Co., 292 So. 3d 500 (Fla. 2d DCA 2020) (“…[N]ot every…

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MIAMI BUSINESS LITIGATION: FLORIDA HOMESTEAD PROTECTIONS
Mavrick Law Firm

Florida’s broad homestead protection laws are enshrined in Florida’s Constitution. They offer unique asset protection most states do not, and prevent most creditors from levying against a debtor’s home so long as that home qualifies as a homestead. Peter Mavrick is a Miami business litigation attorney, and represents clients in Fort Lauderdale, Boca Raton, and…

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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCEMENT OF NON-COMPETE AGREEMENTS
Mavrick Law Firm

Florida law protects employers and similarly situated persons from unlawful competition. But every competitive act does not qualify as an unlawful competitive act. White v. Mederi Caretenders Visiting Services of Se. Florida, LLC, 226 So. 3d 774 (Fla. 2017) (“Section 542.335 does not protect covenants ‘whose sole purpose is to prevent competition per se’ because…

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Client Testimonials

A few months ago our company was in need of a Labor Law Attorney and we were very lucky to have found Peter Mavrick. He is a great attorney, he maneuvered through a rather complex Employers Liability case advocating against the opposition and protecting our company and personal interests. He was...

C.Y.

Peter Mavrick successfully defended our company in a federal court jury trial. The jury ruled our way in a lawsuit by a person claiming our company owed him overtime wages. Mr. Mavrick “out-lawyered” the opposing lawyer and handled the case like our company was his own family’s business.

Business owner Arthur P.

For years, Mr. Mavrick has provided sound advice to my business and he provided excellent representation in a business lawsuit. He is highly responsive and his legal knowledge, skill, and advice are excellent.

Business owner Preston M.

Peter Mavrick successfully defended my company and me in a non-competition covenant lawsuit that sought an injunction that would have effectively shut down my business. Mr. Mavrick energetically handled the case like it was his own. He got the case dismissed with no liability and saved the business...

Business owner Kevin W.

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