Florida Courts routinely enforce non-compete agreements to prevent a former or current employees’ improper solicitation of the business’ current and prospective employees and customers. Such restrictive covenants, also commonly referred to as non-solicitation provision, are governed by Section 542.335, Florida Statutes. The non-solicitation provisions must be: (1) reasonable in time, area, and line of business,…
Continue reading ›Trade secret claims often arise in business litigation under federal and state law. The Defend Trade Secrets Act (DTSA) provides parties with opportunities to pursue trade secret misappropriation claims in a federal forum. Florida’s Uniform Trade Secret Act (FUTSA) is substantially similar to DTSA and specifically recognizes that it “shall be applied and construed to…
Continue reading ›Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating “against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). Sexual harassment can constitute discrimination based on sex for purposes of Title VII.…
Continue reading ›A common issue in business litigation involving trade secret misappropriation claims under Florida’s Uniform Trade Secrets Act (FUTSA) is whether the plaintiff sufficiently identified its alleged trade secrets in its pleadings. Under Florida law, a “plaintiff must, as a threshold matter, establish that the trade secret exists. To do so, it must disclose the information…
Continue reading ›A prevalent issue in non-compete litigation is whether a company’s non-compete agreement is enforceable to protect a company’s customer, patient, or client goodwill. In certain sitations, a company’s goodwill qualifies as a legitimate business interest under Section 542.335, Florida’s non-compete statute. “Florida statutory law (as a matter of public policy) does not allow a party…
Continue reading ›Businesses can use non-compete agreements to protect their substantial business relationships with prospective and current customers, patients, or clients. A common issue in business litigation seeking to enforce non-compete agreements is whether the business sufficiently demonstrates that it has substantial business relationships to protect. Such business relationships are typically based on the contractual agreements between…
Continue reading ›The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against “a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of the employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112.…
Continue reading ›In business litigation, Florida courts will not enforce an agreement if the agreement is unconscionable. Under Florida law, “before a court may hold a contract unconscionable, it must find that it is both procedurally and substantively unconscionable.” Gainesville Health Care Ctr., Inc. v. Weston, 857 So. 2d 278 (Fla. 1st DCA 2003). It is therefore…
Continue reading ›Expectation damages or “benefit of the bargain” damages are one way to measure damages for breach of contract claims in business litigation. Under Florida law, where there is a “total breach of contract,” the alleged non-breaching party can elect to seek recovery of “expectation damages” or “reliance damages” resulting from the breach of contract. Expectation…
Continue reading ›Most claims of employment discrimination under Title VII of the Civil Rights Act of 1964 (as amended) rely on circumstantial evidence. The plaintiff-employee may attempt to prove discrimination through circumstantial evidence by satisfying the United States Supreme Court’s burden-shifting framework set forth it its decision in McDonnell Douglas v. Green, 411 U.S. 792 (1973). The…
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