Florida law permits a person or company to sue under a business contract which that party did not actually agree to because that person or business is a “third-party beneficiary” to the contract. A third-party beneficiary is an entity which receives a benefit under a contract but is not one of the parties that signed…
Continue reading ›Attorneys’ fee provisions in contracts can significantly influence how a dispute will be resolved. An aggrieved party can become emboldened if an attorneys’ fees award is available as a prevailing party. At first blush, it may appear prudent for a business to have its contract contain an attorneys’ fee provision which allows it to claim…
Continue reading ›Preservation of a business’ trade secrets may constitute a legitimate business interest that justifies the enforcement of a non-compete agreement. However, it is vital that a business seeking to enforce the non-compete agreement sufficiently prove the existence of the trade secret. General statements that the business has such valuable information cannot act as a substitute…
Continue reading ›Resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of business litigation. Whether a particular dispute between parties is arbitrable is defined by what the parties agreed to. Arbitration clauses often narrow the scope of arbitrable issues to particular types of…
Continue reading ›Trial of a business dispute through the court system or through arbitration can have significant consequences. As discussed in previous articles, resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of the case. Arbitration of a dispute may be more beneficial…
Continue reading ›As a defense to the enforcement of a contract, a party can claim the affirmative defense that the agreement is “unconscionable.” The unconscionability defense requires that the party claiming it show that both the substance of the agreement is unreasonably favorable to a party and that the agreement was made procedure by which the parties…
Continue reading ›The unprecedented COVID-19 pandemic affected many Florida business’ ability to comply with their contractual obligations. Government quarantine measures as well as changes in economic conditions and consumer demand continue to influence contract compliance. Mavrick law released two articles at the outset of the pandemic concerning contractual disputes and COVID-19. The first addressed the contractual defense…
Continue reading ›Noncompete agreements sometimes designate the laws of other states to govern the parties’ contractual obligations, even if the agreement is made in Florida. This is known as a choice of law provision. When these choice-of-law provisions are valid and enforceable, they can have significant repercussions on the results of noncompete litigation. Peter Mavrick is a…
Continue reading ›The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides businesses with a civil cause of action against unscrupulous business practices. While FDUTPA has limitations, it is applicable in a wide variety of circumstances when a plaintiff can show that a defendant engaged in unfair or deceptive business practices against a consumer. Peter Mavrick is…
Continue reading ›Florida employers who seek to protect their client lists from misappropriation by former employees will often need to show that the client list was a trade secret. This is important even when the former employee is subject to a non-compete agreement. This is because non-compete agreements cannot be enforced without a “legitimate business interest,” and…
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