Many employers compensate their employees on a commission basis. Some employees are paid 100% on commission, while other employees receive commissions as part of their total compensation package. However, paying employees on a commission basis, whether in full or in part, can create legal disputes because the revenues generated by the employee’s commission related activities…
Continue reading ›The trial is over and the jury rendered its verdict awarding money damages to the plaintiff. The Court entered a final judgment based on the jury’s verdict as a result. Now what? The Fort Lauderdale business litigation attorneys of the Mavrick Law Firm represent businesses and their owners in breach of contract litigation and related…
Continue reading ›The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law enacted in 1970 to target organized and white-collar crime by focusing on patterns of criminal activity within an “enterprise” rather than individual crimes. The law was enacted due to concerns associated with organized crime infiltrating businesses. In fact, some say the law was…
Continue reading ›Plaintiffs often seek injunctions against defendants to prohibit the defendants from taking some action adverse to the plaintiff. Litigants seeking an injunction must demonstrate the injunction serves the public interest among other factors. Wayne’s Aggregate & Materials, LLC v. Lopez, 391 So. 3d 633 (Fla. Dist. Ct. App. 2024) (“A party seeking a temporary injunction…
Continue reading ›A statute of limitations prohibits a claimant from asserting a claim after a certain time period. The statute of limitations varies for different types of claims. The statute of limitations on written contracts is five years, oral contracts is four years, and most business torts is four years. Fla. Stat. § 95.11. The Miami business…
Continue reading ›Tortious interference is a well-known business tort. One may tortiously interfere with a contract or a business relationship. The elements of tortious interference with a contract or business relationship essentially the same. A plaintiff asserting a tortious interference claim must prove the existence of a relationship which may or may not be evidenced by an…
Continue reading ›Most employment discrimination statutes like Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act (FCRA), and the ADA prohibit retaliation for opposing discrimination. To prevail under a retaliation claim, the employee must prove he or she engaged in a “statutorily protected activity.” Kiernan v. ReviveMed305, LLC, 412 So. 3d 156…
Continue reading ›Defamation is a tort that is sometimes asserted in commercial disputes. Litigants asserting defamation must prove “the defendant published a false statement[ ] about the plaintiff[ ] to a third party[ ] and [that false] statement caused injury to [the plaintiff]” to be successful. Alan v. Wells Fargo Bank, N.A., 604 Fed. App’x 863 (11th…
Continue reading ›The outcome of a lawsuit can be determined by the applicable law. Parties to a contract can choose which state’s laws apply to the execution of the contract by using a choice of law provision. Many contracts contain choice of law provisions, but few contracting parties think critically about the ramifications for selecting the application…
Continue reading ›Restrictive covenant non-compete agreements are typically associated with an employer/employee relationship. An employer usually requires its employees to execute restrictive covenant agreements to protect its trade secrets, customers, vendors, and goodwill. However, the employer/employee relationship is not the only context a restrictive covenant can be used. Non-compete agreements and similar restrictive covenant agreements can also…
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