Non-compete and non-solicitation provisions, otherwise known as “restrictive covenants,” have become increasingly more common in employment agreements. Peter Mavrick is a West Palm Beach non-compete attorney who has extensive experience dealing with restrictive covenants in a wide array of industries, including the medical industry. Although these non-compete covenants are meant to protect a former employer’s…
Continue reading ›Competitive bidding is common for many businesses, including construction companies, supply companies, and retail providers, among others. In most cases, an entity will solicit bids from competing bidders through a request for proposal (RFP) and will award a contract to the most attractive bid, which can depend on several factors. Although competitive bidding can lead…
Continue reading ›To have legal recourse for the misappropriation of a trade secret under Florida law, a plaintiff must: (1) prove the existence of a trade secret; (2) prove that it took reasonable measures to protect the trade secret; and (3) demonstrate that the trade secret was misappropriated. See Del Monte Fresh Produce Co. v. Dole Food…
Continue reading ›Florida’s Uniform Trade Secrets Act, Fla. Stat. Sections 688.001-688.009 (the “Act”), prohibits the misappropriation of a business’ trade secrets even if the business does not have a non-disclosure or similar agreement with the disclosing party. Misappropriation generally includes the improper possession of, or the disclosure of, a trade secret: “misappropriation” is fully defined in section…
Continue reading ›It has become common practice for businesses to include arbitration provisions within agreements. Arbitration provides businesses a more efficient and less costly alternative to expensive, time-consuming litigation. Normally, arbitration provisions are drafted very broadly to cover all disputes or controversies that could arise between the contractual parties, commonly using the wording “arising from” or “relating…
Continue reading ›The Mavrick Law Firm regularly represents entrepreneurs who open businesses in industries in which they were formerly employed. As such, we are frequently confronted with covenants not to compete signed by the entrepreneurs when they were previously employed. The covenants not to compete, also known as restrictive covenants, typically purport to restrict the entrepreneurs from…
Continue reading ›There are many important differences between employees and independent contractors that businesses must consider before contracting to hire one or the other. Some of these differences include, but are not limited to, the following: 1. Independent contractors are not subject to federal or state labor and employment laws like employees are; 2. The procedure for…
Continue reading ›Peter Mavrick a Miami labor and employment attorney has, on multiple occasions, successfully defended business from suits by current or former employees seeking unpaid overtime wages under the Fair Labor Standards Act (“FLSA”). In FLSA overtime wage cases, it is common for a plaintiff to allege that they worked a certain number of hours off…
Continue reading ›Arbitration proceedings, and their outcomes, are generally not subject to the interference or review of a court. However, Section 682.031 of the Revised Florida Arbitration Code allows courts to issue and review provisional remedies that involve parties to ongoing arbitration proceeding. Provisional remedies can protect an arbitration-party to the same extent that the party would…
Continue reading ›Florida’s Non-Competition Covenant Statute, Section 542.335, lays out the requirements for enforceable restrictive covenants. One of the main requirements pursuant to subsection (b) of the statute is that the party seeking to enforce the restrictive covenant must plead and prove the existence of one or more “legitimate business interests” justifying the restrictive covenant. The Miami…
Continue reading ›
