Category Archives: Business Litigation
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 »
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 »