Category Archives: Business Litigation
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 »
Understanding Restrictive Covenants In Florida Employment Agreements
Employment is generally considered “at-will” in Florida, meaning either the employer or the employee can walk away from the relationship at any point without further restrictions. But many employers find it beneficial to sign formal employment agreements with key employees. One reason for this is that Florida law permits such agreements to contain restrictive… Read More »
How Arbitration Agreements Can Bite The Businesses That Draft Them
Many consumer contracts and agreements contain arbitration provisions. These are usually inserted at the behest of a business owner seeking to minimize its own exposure to potential litigation should the consumer have a legitimate grievance. Arbitration often restricts many of the rights consumers would otherwise have in a traditional litigation forum. On the other… Read More »
How Florida Businesses May Be Sued For Firing “Whistleblowers”
Generally speaking, a Florida business can fire an employee for any reason, or even no reason at all. Of course, the law does make a number of exceptions. For example, you cannot fire an employee because of a legally protected characteristic, such as race or sex. You may also be liable if you fire… Read More »
Does An Arbitration Clause Survive The “For Cause” Termination Of An Employment Agreement?
Business contracts often contain detailed procedures for addressing alleged breaches of either party’s obligations. Such procedures may include a requirement to submit any unresolved dispute to binding arbitration. Such arbitration clauses are often controversial, with an aggrieved party frequently going to court anyway to argue the clause is illegal for some reason. For example,… Read More »
How Can You Prove Another Business Stole Your Name?
A business name is not only crucial to a company’s identity. It is also a piece of intellectual property that must be protected. This is why federal and Florida state laws make it possible to sue for infringement trademarks and service marks. Infringement means that someone is either using your protected mark to sell… Read More »
When Will A Florida Court Issue An Injunction To Enforce A Non-Compete Agreement?
Non-compete and non-solicitation agreements are valuable tools for Florida businesses looking to protect confidential information and customer relationships. If a business has proof that a former employee has violated such an agreement, they can ask a judge to issue a temporary injunction. In Florida, there are four things an employer must demonstrate to obtain… Read More »
How Do “Liquidated Damages” Work In A Breach Of Contract Lawsuit?
Business contracts depend on the good faith of both parties to perform their respective obligations. Of course, good faith is not always enough. If a breach of contract occurs, the non-breaching party will likely suffer some measure of legal damages. To address such contingencies, many contracts include a liquidated damages provision. In its simplest… Read More »
How Can You Prove Intellectual Property Theft?
Intellectual property (IP) is the lifeblood of your business. Since intellectual property is the product of a person’s mind, it is often stolen by those who are unable to create something of their own. If you suspect that someone infringed on your intellectual property rights, you need to contact a Sarasota business litigation lawyer… Read More »
Can “Trade Custom And Usage” Be Read Into A Business Contract?
When it comes to business contracts, the cardinal rule is that a court will not construe–or read anything into–an agreement that is “clear, complete, and unambiguous” on its face. Put another way, if you want to include a particular right or obligation into an agreement, it should be in the written text. Never assume… Read More »