Articles Posted in Business Litigation

Restrictive covenant agreements like non-compete agreements and non-solicitation agreements must be in writing. Fla. Stat. § 542.335 (“A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”). This means restrictive covenant agreements containing non-compete provisions or non-solicitation provisions are often…

Litigants should carefully consider the type of evidence they will need to establish their claims at trial because litigants can unwittingly waive their right to claim certain privileges that would otherwise protect the information from disclosure. Some privileges like the well-known attorney client privilege, protects litigants against disclosure of information shared with their counsel during…

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits unfair and deceptive trade practices in the conduct of any trade or commerce. It “is designed to protect consumers from deceptive acts that mislead consumers.” CareerFairs.com v. United Business Media LLC, 838 F. Supp. 2d 1316 (S.D. Fla., Sept. 28, 2011). “A claim for damages…

Florida’s Deceptive and Unfair Trade Practices Act, or FDUTPA for short, is a broad statute applying to many different transactions and scenarios. FDUTPA declares all unfair or deceptive acts or practices committed in the conduct of any trade or commerce unlawful. Fla. Stat. § 501.204. A trade practice is considered unfair under FDUTPA if it…

Most trade secret disputes arise intrastate or interstate. However, trade secret lawsuits are not limited actions occurring within a particular state or the United States. A trade secret plaintiff can assert a misappropriation claim for acts occurring outside the United Stated under certain conditions pursuant to the federal trade secret act known as the Defend…

Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, or CHOICE Act for short, went into effect on July 1, 2025. The Choice Act is a significant piece of legislation because it substantially broadens an employer’s ability to restrict employees and independent contractor from competing against the employer. The Act, applies to employees and…

Trade secret statutes are generally similar. For example, Florida’s trade secret statute defines trade secrets as information deriving independent economic value from not being readily ascertainable by others through proper means and is the subject of reasonable efforts under the circumstances to maintain the information’s secrecy. Fla. Stat. § 688.002. California likewise defines trade secrets…

A fiduciary relationship exists “where confidence is reposed as a result of the position of superiority and influence held by the fiduciary” under Florida law. Argonaut Development Group, Inc. v. SWH Funding Corp., 150 F. Supp. 2d 1357 (S.D. Fla. 2001). The relationship is generally founded on trust. Capital Bank v. MVB, Inc., 644 So.…

Florida statute § 542.335 allows one to enforce a contract “that restrict[s] or prohibit[s] competition during or after the term of restrictive covenants, so long as such [a] contract[ is] reasonable in time, area, and line of business.” Fla. Stat. § 542.335. The plain language of the statute suggests restrictive covenants cannot be enforced when…

Maintaining a lawsuit in federal court is not always easy because the court must ensure it has subject matter jurisdiction over each claim at every stage of the litigation. A court can dismiss a lawsuit at any time if subject matter jurisdiction is not present. Even at the appellate stage after trial is concluded. Molinos…