Category Archives: Business Litigation
Types of Contract Breach 101
Every small business understands the importance of each of their contracts, even more so than large corporations. A business’s lifeblood is the contracts they fill – a contract being a valid, legal and binding promise struck between two or more parties to give/receive services in exchange for something of value, some “consideration”. The failure… Read More »
What Businesses Must Know about Contract Consideration
A business lives and dies based on its contracts. Understanding contracts, particularly as a small business, is absolutely vital to ensuring the health and longevity of your business. Ensuring your contracts are binding, and protecting yourself when the are formed, is key. Too many small businesses have paid the price of trying to enforce… Read More »
Contracts vs Agreements: The Big Difference for Your Business
No one can dispute the pivotal role of contacts and agreements in our daily lives. And while these may seem interchangeable, there are important nuances. It is never more important to understand how contracts vs agreements differ than when you are relying on these “meetings of the minds” for important personal and business ventures…. Read More »
Class Action Waivers and Florida Business Litigation: What You Need to Know
Class actions are generally large lawsuits where several plaintiffs act together to collectively bring the same claim against the same defendants. Class action lawsuits can arise under countless scenarios – including many that involve employer/employee dynamics. The case Calderone v. Scott, for example, involved employees who brought a class action lawsuit against their shared… Read More »
5 Must-Knows for Starting Your Business
Business litigation suits can sprout from any number of places. When you start your own business, you are faced with a host of different decisions, various forks in the road. Every decision you make leads to the next one, and the next. There are many complexities to navigate – least of all the complex… Read More »
Business Litigation in Florida: Is it a Trade Secret Violation – or Reverse Engineering?
The Defend Trade Secrets Act and similar state statutes create a civil cause of action for misappropriating another’s trade secrets if the trade secret relates to a product (or service) used in interstate or foreign commerce or intended for use in interstate or foreign commerce. 18 USC § 1836 specifies that, under such circumstances,… Read More »
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 »