Category Archives: Business Litigation
What is an “Implied Contract” in Florida Business Litigation?
An “implied contract” is a principle of law in which the court will treat an implied agreement between parties as an enforceable contract. This is true, even if the formal elements of what makes a binding contract are not all otherwise met. Implied contracts are not widely understood, but they are a fundamental principle… Read More »
“Novation”: Breach of Contract Defense in Florida
If you were to replace one contract with another, would the original contract still be enforceable? Well, the answer to that question revolves around a contract principle called novation. Novation in Florida Law It has been established that under Florida case law, “novation is a mutual agreement between the parties to a contract for… Read More »
FTC’s Ban on Non-Compete Agreements Coming Closer to Fruition
In April 2024 the Federal Trade Commission (FTC) issued a landmark rule that, if put into effect, would aim to ban non-compete agreements across the United States. The purpose of this new rule is to open the gates to increased competition and worker mobility. This would be a significant change and impact employers and… Read More »
The Importance of “Material” Matters in Business Contracts
When we enter into a contract with someone, both parties want something from the other. Whether that is an actor coming to your daughter’s birthday party dressed like a princess, a decking company to finish the barbecue area before the fourth of July party, or a multimillion dollar deal for a corporation to perform… Read More »
Crafting Contracts with “Material” Items in Mind
As discussed in our previous article, “The Importance of “Material” Matters in Business Contracts,” a binding contractual agreement will involve two or more parties coming together to form an agreement. In exchange for goods, services, or something similar, one party will give the other party some form of repayment, what in the contractual world… Read More »
Is my Customer List a Trade Secret in Florida?
For a business’s trade secret to be deemed a “trade secret” – must the information be held in total secrecy? Alternatively – is it ok for some portions or parts of a trade secret to be public information, and the “trade secret” still retain its trade secret status? For instance – what about customer… Read More »
Non Delegable Duties and Florida Subcontracting
In business, there is only so much anyone can control. As tightly as we hone in on our crafts and rigidly observe our best business practices: sometimes there are third parties involved that we just cannot control. So what happens if an independent contractor performs their work negligently? Who is liable? Well, the First… Read More »
Business Woes And Florida’s Civil Theft Statute
Business litigation lawsuits stem from a number of different situations. Our office has seen suits involving losses or other damages to companies because of contract disputes, alleged violations of non-compete agreements, and various types of fraud or civil theft allegations. In these cases experienced business litigation attorneys can help companies recover adequate compensation for… Read More »
What Legal Remedies Are Available For Breach Of A Florida Contract?
Every business relies on contracts. They are the lifeblood of every business, and without them many businesses fail. However, all too frequently the other party in a contractual relationship does not uphold their end of the bargain. This can be devastating for your current business and plans for the future. Businesses often scale their… Read More »
How Can Your Business Benefit From A Non-Compete, Non-Solicitation, Or Non-Disclosure Agreement?
All businesses have a “secret sauce” that allows them to be competitive in the market. This could be an actual product like the secret 23 spices making up the classic flavoring for KFC, or something more conventional such as a small business’s pricing strategies or other proprietary data or trade secrets. To remain competitive… Read More »