Category Archives: Business Litigation
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 »
A Step-by-Step Guide for Closing a Florida Business
Closing their company is difficult for any business owner, especially if you have spent a significant amount of time, energy, and money into building it from scratch. However, when it is no longer profitable to operate your business, dissolution may be the only viable option. Contrary to popular belief, it is not that easy… Read More »
How Can I Sue for Illegal Use of My Trademark in Florida?
In the modern era, intellectual property has a significant influence on brands’ reputation and sales. Trademarks are one of the elements of intellectual property that make a brand distinguishable from the competition. Unfortunately, it is not uncommon to see other individuals or companies using your trademark illegally. When this happens, you need to understand… Read More »
What Are the Best Alternatives to Business Litigation in Florida?
Disputes are an inevitable part of doing business. When you are facing a business dispute, it is essential to hire an experienced business litigation attorney in Florida to represent the best interests of your company. Contrary to popular belief, filing a lawsuit may not be the most effective and productive way to resolve disagreements… Read More »