Florida Business Litigation Lawyer Blog

Attorney’s fees are only recoverable when authorized by statute of by agreement of the parties. Reiterer v. Monteil, 98 So. 3d 586 (Fla. 2d DCA 2012) (“[A]ttorney’s fees may be awarded by a court only when authorized by statute or by agreement of the parties.”). This can make recovering attorney’s fees challenging when there is…

Plaintiffs in trade secrets lawsuits and non-compete lawsuits often seek and obtain injunctions preventing defendants from misappropriating the trade secrets or unlawfully competing. Florida’s trade secret statute expressly allows for injunction relief. Fla. Stat. § 688.003 (“Actual or threatened misappropriation may be enjoined.”). Florida’s restrictive covenant statute likewise allows for injunctive relief. Fla. Stat. §…

Unclean hands is an equitable defense akin to fraud. Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602 (Fla. 4th DCA 2013). “It is a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter…

Normally, a defamation claim must be based on one or more false statements. Internet Sols. Corp. v. Marshall, 39 So. 3d 1201 (Fla. 2010) (“The elements of a claim for defamation are as follows: (1) publication; (2) falsity; (3) actor must act with knowledge or reckless disregard as to the falsity on a matter concerning…

Businesses can face challenges when trying to enforce a non-compete agreement against a former employee or other similar actor because that former employee may be receiving assistance from a third-party who did not sign the non-compete agreement. Enforcing the non-compete against the former employee who is unlawfully competing will not by itself stop the third-party…

Individuals can become involved in lawsuits in different ways. Sometimes an individual must commence a lawsuit to protect his or her rights. Other times, an individual must defend himself or herself in a lawsuit brought by another. A third possibility is that an individual is the recipient of a subpoena for documents, testimony, or both…

There are generally two types of appeals in business litigation lawsuits – final appeals and non-final appeals. Fla. R. App. P. 9.110; Fla. R. App. P. 9.130. A final order appeal requires the underlying order to be final as the name suggests. “A final order or judgment is one which evidences on its face that…

 While fraud typically includes a fraudulent misrepresentation, under certain circumstances, omission of facts can also constitute fraud. In Florida, the elements of a claim of fraud are “(1) a false statement concerning a specific material fact; (2) the maker’s knowledge that the representation is false; (3) an intention that the representation induces another’s reliance; and…

A litigant cannot generally obtain its adversary’s attorney’s fee records pre-trial because those records are privileged. Tumelaire v. Naples Ests. Homeowners Ass’n, Inc., 137 So. 3d 596 (Fla. 2d DCA 2014) (“As to the information on the fee arrangement between Tumelaire and her attorney, this information is indeed protected by attorney-client privilege.”). Courts have determined…

Fraudulent misrepresentation and negligent misrepresentation are similar claims. Both involve the expression of a false statement. However, there are differences between the two, and those differences can alter the outcome of a business dispute if they are not considered carefully. The Miami business litigation attorneys of the Mavrick Law Firm represent businesses and their owners…