Franchisors will often include non-compete provisions in their Franchise Agreements to protect their ability to sell new franchises in a geographic region that was formerly served by a terminated franchisee. A party seeking to enforce a non-compete agreement must plead and prove the existence of one or more legitimate business interests justifying the non-compete covenant…
Continue reading ›Tortious interference is the intentional and unjustified interference with a relationship or contract that results in damages. However, tortious interference does not occur every time a contract or business relationship is consequentially affected. Direct interference is a necessary element of the tort (a wrongful act or an infringement of a right). Peter Mavrick is a…
Continue reading ›To qualify as sexual harassment under Florida and Federal antidiscrimination laws, sexual conduct between employees must be so severe and pervasive that it alters the “terms and conditions” of employment. While it may be prudent for an employer to discourage sexual relationships between supervisors and employees, the mere fact that an employee has been the…
Continue reading ›The Florida Uniform Trade Secrets Act (“FUTSA”) requires courts to take reasonable steps to preserve the secrecy of trade secrets. Fla. Stat. § 688.006. Injunctive relief may be ordered to preserve trade secrets based on actual or threatened misappropriation, as well as, compelling parties to perform specific acts. Fla. Stat. § 688.003. FUTSA, however, may…
Continue reading ›Under Florida and federal law, whether a legal dispute is subject to the requirement that the parties submit to arbitration (what courts refer to as the “arbitrability” of the dispute) depends on what the wording of the arbitration agreement itself states. The parties’ intent as to what issues are to be arbitrated is typically evident…
Continue reading ›An undefined term in a non-compete agreement creates an ambiguity in the contract, and therefore uncertainty in a court’s interpretation of the term. When a term is left undefined, Florida law requires courts to give the term its ordinary meaning. Although the terms “compete” and “line of business” may seem self-explanatory, the context in which…
Continue reading ›Certain types of employee complaints to an employer qualify as “protected activity.” An employer that responds to a protected complaint by terminating, demoting, or otherwise taking an adverse employment action against the employee risks being sued for retaliation under Title VII of the Civil Rights Act of 1964 or the Florida Civil Rights Act of…
Continue reading ›For a business to be to protect its confidential information as a protectable trade secrets under the Florida Uniform Trade Secret Act, the business must preserve the secrecy of its confidential information. There are no hard and fast rules that must be followed for a business to protect its confidential information as a trade secret.…
Continue reading ›It is a fundamental premise that ownership of a corporation is evidenced by stock certificates. However, this is not always the case with small, closely held corporations that do not sell stock on a market. Sometimes those corporations do not issue certificates. To accommodate that realty, Florida law allows for the equitable or beneficial ownership…
Continue reading ›Protection of trade secrets and proprietary information from a business’ competitors can be a critical part of owning a company. An injunction may become necessary to stop a competing company from possessing or using those trade secrets for their own benefit. The injunction, however, must be specific enough for the enjoined party to understand what…
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