Protecting trade secrets can be critical to a business. Trade secrets are defined as information that “(a) [d]erives independent economic value . . . from not being generally known to, and not readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) [i]s the…
Continue reading ›Florida Business Litigation Lawyer Blog
Florida’s statute governing restrictive covenants requires the party trying to enforce the restrictive covenant to plead and prove the existence of at least one legitimate business interest justifying enforcement of that covenant. Fla. Stat. 542.355 (“The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business…
Continue reading ›Injunction are one possible remedy in business disputes. An injunction is an equitable remedy that requires a party to perform certain acts or prohibits a party from performing certain acts. “An injunction is for the most part preventive, and cannot ordinarily be employed to correct a wrong already done or restore to a party rights…
Continue reading ›A common type of damage in business litigation is lost profits. Lost profits can be used in breach of contract cases and other business torts like tortious interference. See, e.g., Marbella Park Homeowners Ass’n, Inc. v. My Lawn Service, Inc.,12 So. 3d 807 (Fla. 3d DC 2009) (stating the measure of damages for breach of…
Continue reading ›It is important for businesses to include merger clauses in their contracts. A merger clause, which is also called an integration clause, is “[a] contractual provision stating that the contract represents the parties’ complete and final agreement and supersedes all informal understandings and oral agreements relating to the subject matter of the contract.” Jenkins v.…
Continue reading ›The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime for hours worked in excess of 40 hours in a week. The overtime rate is one and a half times the employees’ regular hourly rate. However, the FLSA also establishes many exemptions from the overtime pay requirement. Common exemptions include the professional, administrative,…
Continue reading ›Tik Tok has been highly controversial since its inception. Many have raised concerns that the company is owned by a Chinese company, ByteDance because China may use Tik Tok to spy on American Tik Tok users. In April 2024, Congress passed a bill requiring ByteDance to sell Tik Tok to a U.S. company or shut…
Continue reading ›A defamation claim can be a powerful tool for businesses to protect their reputations from false statements made by former customers or employees. There are many scenarios where asserting a defamation claim can be useful. A business may assert a defamation claim against a former employee or customer who published a false statement or review…
Continue reading ›The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) broadly prohibits businesses from engaging in deceptive practices and unfair methods of competition. Deceptive practices and unfair methods of competition can cover a wide variety of claims because unfair practices as defined broadly. “An unfair practice is one that offends established public policy and one that…
Continue reading ›It is no surprise that trade secrets must be secret to qualify as a trade secret. But what does not that mean? Statutes like Florida’s Uniform Trade Secret Act dictate that trade secrets must “derive[ ] independent economic value… from not being generally known to, and not being readily ascertainable by proper means by, other…
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