A prima facie case of discrimination raises the presumption or inference that the employer unlawfully discriminated against the employee. This is because the Court presumes the employer’s “acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors.” Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248 (1981). In…
Continue reading ›Claims for fraudulent inducement are common in business litigation. In an action for fraudulent inducement, the “plaintiff must show that the fraudulent act induced the formation of contract between the parties.” GlobeTec Const., LLC v. Custom Screening & Crushing, Inc., 77 So. 3d 802 (Fla. 3d DCA 2011). The elements of fraud in inducement include…
Continue reading ›Business litigation in Florida often involves claims for trade secret misappropriation under Florida’s Uniform Trade Secret Act (FUTSA) or the Defend Trade Secrets Act (DTSA). For liability to attach under DTSA or FUTSA, the trade secret information must be the fruit of a wrongful acquisition or misappropriation. Misappropriation of a trade secret occurs “where a…
Continue reading ›Title VII’s anti-retaliation provision makes it “an unlawful employment practice for an employer to discriminate against any of [its] employees . . . because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding,…
Continue reading ›Business litigation in Florida often involves disputes between corporate entities and the persons with ownership interests in such entities. Two of the more common corporate ownership structures in Florida are the corporation and the limited liability company. The owners of a corporation are known as shareholders, and the owners of a limited liability company are…
Continue reading ›In business litigation, business records are admissible as an exception to the hearsay rule under Federal Rule of Evidence 803(6). This “business records exception” permits parties in business litigation to admit into evidence certain business records that are kept in the regular course of business. Business records are often play a key role in business…
Continue reading ›Trade secret claims in business litigation require courts to determine whether a business adequately protects its alleged trade secrets by preventing disclosure to unauthorized third parties. To qualify for protection under Florida Uniform Trade Secrets Act (“FUTSA”) and the federal Defend Trade Secrets Act (“DTSA”), a business therefore must show that it adequately maintained the…
Continue reading ›In business litigation, Florida courts require plaintiffs to describe their alleged trade secret with a certain degree of particularity. Failing to do that can be fatal to trade secret claims. A plaintiff does not only have to prove that certain confidential information was misappropriated, but it must also prove that the misappropriated information actually qualifies…
Continue reading ›The American with Disabilities Act (ADA) prohibits discrimination in the “terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). The United States Supreme Court has also found cognizable similar claims for hostile work environment under Title VII. Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993). In cases where a current or former employee…
Continue reading ›It is important in business litigation to carefully review the forum of the lawsuit to determine whether it is proper. The Supreme Court of Florida in Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989), created a two-step analysis governing whether a Florida court may exercise personal jurisdiction over a non-resident defendant. “First,…
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