Protection of trade secrets and proprietary information is critical when a business receives a subpoena for its business information and documents. Even when a business is not a party to a lawsuit, it can be compelled to produce sensitive information that can cause irreparable harm. It is often necessary to seek an order of protection…
Continue reading ›When disputes arise over which version of a non-compete agreement was the final version executed by and binding on the parties, discovery of pre-contract negotiations may become necessary. Parties often retain an attorney for those negotiations. If the attorney involved in the negotiations becomes a witness to the case, attorney-client communications may need to be…
Continue reading ›Employers in Florida are free to use all lawful criteria in deciding which employees to promote within the business. It is well known that Florida and federal law prohibit employment discrimination based on various characteristics, such as race, age, national origin, sex, or religious affiliation. When considering employment discrimination lawsuits, Florida and federal courts have…
Continue reading ›Non-compete provisions in employment contracts are not prohibited so long as such contracts are reasonable in time, area, and line of business. In any action concerning enforcement of a non-compete provision the court considers the terms of the contract as agreed to by the parties. If the non-compete period has expired, a court may not…
Continue reading ›Protection of trade secrets and proprietary information is critical, when a business receives a subpoena for their business information and documents. Even when a business is not a party to a lawsuit, it can be compelled to produce sensitive information that can cause irreparable harm. It is often necessary to seek an order of protection…
Continue reading ›The Lanham Act provides that a successful plaintiff may recover: (1) defendant’s profits, (2) any damages sustained by the plaintiff, and (3) costs of the action. 15 U.S.C. § 1117(a). In exceptional cases, a district court may award attorney fees to the prevailing party. The Lanham Act gives broad discretion to the district court to…
Continue reading ›When businesses are sold, the non-compete agreements the seller may have entered with its employees are likely to be assumed by the new owner. Non-compete contracts, however, do not automatically vest in favor of the new owner of the business. Section 542.335(f)(2) of the Florida Statutes permits enforcement of non-competition agreements by an assignee or…
Continue reading ›Aggrieved litigants can claim they are victims of a conspiracy – that a group of persons has agreed to perform an unlawful act and damaged them. Such claims can expose multiple parties to liability for the same conduct by allegedly contributing to harm against the plaintiff. A “conspirator” can be found responsible for a harm…
Continue reading ›It has long been recognized that before injunctive relief can be granted a movant must show irreparable injury. Langford v. Rotech Oxygen & Medical Equipment, Inc., 541 So.2d 1267 (Fla. 5th DCA 1989). Many non-compete contracts will contain a provision that stipulates that a violation of the restrictive covenant not to compete would create an…
Continue reading ›To determine whether a person is an employee or independent contractor for purposes of the Fair Labor Standards Act (“FLSA”), courts examine several factors to determine the “economic reality” of the relationship between the alleged employee and employer. Merely putting an independent contractor label on the alleged employee or entering a contract that controls the…
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