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DEFENDING FLORIDA EMPLOYERS: SEXUAL HARASSMENT CLAIMS ASSERTING HOSTILE WORK ENVIRONMENT
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FORT LAUDERDALE BUSINESS LITIGATION: EXPRESS AND IMPLIED WARRANTIES
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DEFENDING FLORIDA EMPLOYERS: INDEPENDENT CONTRACTOR EXEMPTION TO OVERTIME WAGE CLAIMS
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MIAMI BUSINESS LITIGATION: DEFEATING TRADE SECRETS AND NON-COMPETE CLAIMS BASED ON CUSTOMER LISTS
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FORT LAUDERDALE BUSINESS LITIGATION: NON-SIGNATORIES TO CONTRACTS ENFORCEMENT OF ARBITRATION
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MIAMI BUSINESS LITIGATION: STRATEGIC CONSIDERATIONS CONCERNING FDUPTA AND FRAUD CLAIMS
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FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE AGREEMENTS AND MISAPPROPRIATION OF TRADE SECRETS
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MIAMI BUSINESS LITIGATION: TRADEMARK INFRINGEMENT AND CONSUMER CONFUSION
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FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRETS PROTECTED AS A COMPILATION
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MIAMI BUSINESS LITIGATION: NON-COMPETE COVENANTS IN COMMERCIAL LEASES
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FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE AGREEMENT LITIGATION IN FEDERAL AND FLORIDA COURTS
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MIAMI BUSINESS LITIGATION: NON-COMPETE AGREEMENTS BASED ON CONFIDENTIAL OR TRADE SECRET INFORMATION
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MIAMI BUSINESS LITIGATION: DEFENSE AGAINST TRADE SECRET MISAPPROPRIATION BASED ON “MODIFICATION OR IMPROVEMENT”
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FORT LAUDERDALE BUSINESS LITIGATION: INTEGRATED CONTRACTS AND COUNTERCLAIMS
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FORT LAUDERDALE BUSINESS LITIGATION: MITIGATION OF DAMAGES IN CASES OF BREACH OF CONTRACT
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MIAMI BUSINESS LITIGATION: PROVING TRADE SECRETS AND MEASURES TO RETAIN SECRECY
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FORT LAUDERDALE BUSINESS LITIGATION: PROOF OF DAMAGES AT TRIAL
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MIAMI BUSINESS LITIGATION: ENFORCING NON-COMPETE AGREEMENT BASED ON “EXTRAORDINARY OR SPECIALIZED TRAINING”
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FORT LAUDERDALE BUSINESS LITIGATION: THE COMPUTER FRAUD AND ABUSE ACT
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MIAMI BUSINESS LITIGATION: VALID LIQUIDATED DAMAGES PROVISIONS IN CONTRACTS
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FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE AGREEMENTS BASED ON TRADE SECRETS AND CONFIDENTIAL INFORMATION
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MIAMI BUSINESS LITIGATION: FRAUD CLAIM AND DEFENSE OF CAVEAT EMPTOR
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FORT LAUDERDALE BUSINESS LITIGATION: WHERE WRITTEN CONTRACTS NEGATE CLAIMS OF FRAUD
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MIAMI BUSINESS LITIGATION: CLAIMS OF FRAUD AND RELIANCE ON SELLER’S MISREPRESENTATION
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FORT LAUDERDALE BUSINESS LITIGATION: PERSONAL JURISDICTION OVER FOREIGN CORPORATIONS
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MIAMI BUSINESS LITIGATION: NON-COMPETE AGREEMENT AS PART OF BUYING A BUSINESS
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FORT LAUDERDALE BUSINESS LITIGATION: RECOVERY OF DAMAGES FOR TRADE SECRET MISAPPROPRIATION
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MIAMI BUSINESS LITIGATION: PIERCING THE CORPORATE VEIL UNDER FLORIDA LAW
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FORT LAUDERDALE BUSINESS LITIGATION: JURY TRIAL RIGHT IN FLORIDA LAW FRAUDULENT TRANSFER CLAIMS
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FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRET MISAPPROPRIATION VIA UNLAWFUL “USE”
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MIAMI BUSINESS LITIGATION: EMPLOYMENT NON-COMPETES WOULD BE NULLIFIED BY PROPOSED FEDERAL TRADE COMMISSION RULE
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MIAMI BUSINESS LITIGATION: FLORIDA JURISDICTION FOR INTERNET DEFAMATION
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FORT LAUDERDALE BUSINESS LITIGATION: ALTER EGO LIABILITY FOR CORPORATION’S BREACH OF CONTRACT
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FORT LAUDERDALE BUSINESS LITIGATON: RECOVERY OF DAMAGES FOR BREACH OF NON-COMPETE AGREEMENTS
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MIAMI BUSINESS LITIGATION: NON-COMPETE AGREEMENTS AND TRADE SECRETS
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FORT LAUDERDALE BUSINESS LITIGATION: CLAIMS OF UNFAIR COMPETITION UNDER FLORIDA LAW
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MIAMI BUSINESS LITIGATION: PRESUMPTION OF IRREPARABLE INJURY IN NON-COMPETE LAWSUITS
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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCEMENT OF NON-COMPETE INJUNCTION AGAINST NON-PARTIES FOR “AIDING AND ABETTING”
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MIAMI BUSINESS LITIGATION: FLORIDA LAW CONCERNING DISCOVERY OF TRADE SECRETS
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FORT LAUDERDALE BUSINESS LITIGATION: “REVERSE CONFUSION” TRADEMARK INFRINGEMENT CLAIMS
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MIAMI BUSINESS LITIGATION: UNJUST ENRICHMENT CLAIMS UNDER FLORIDA LAW
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FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE COVENANT INJUNCTIONS AND IRREPARABLE INJURY
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MIAMI NON-COMPETE AGREEMENTS: EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER
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FORT LAUDERDALE BUSINESS LITIGATION: DEFENSE AGAINST TORTIOUS INTERFERENCE CLAIMS
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MIAMI NON-COMPETE AGREEMENTS: PUBLIC POLICY EXCEPTION TO ENFORCEMENT BASED ON CONTINUITY OF PHYSICAN CARE
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: FLORIDA LAW REQUIREMENTS FOR INJUNCTIONS
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FORT LAUDERDALE BUSINESS LITIGATION: SEEKING DAMAGES UNDER THE FLORIDA UNIFORM COMMERICAL CODE
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MIAMI BUSINESS LITIGATION: PIERCING THE CORPORATE VEIL TO HOLD INDIVIDUALS LIABLE FOR DEBTS OF A BUSINESS ENTITY
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FORT LAUDERDALE BUSINESS LITIGATION: PREEMPTION UNDER THE DEFEND TRADE SECRET ACT VS. THE FLORIDA UNIFORM TRADE SECRET ACT
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MIAMI BUSINESS LITIGATION: FRAUD DAMAGES AND LOST PROFITS UNDER FLORIDA LAW
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FORT LAUDERDALE BUSINESS LITIGATION: UNREGISTERED TRADEMARKS CANNOT BE GENERIC AND MUST BE DISTINCT
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MIAMI BUSINESS LITIGATION: DESCRIPTIVE TRADEMARKS REQUIRE A SECONDARY MEANING IF THEY ARE NOT INHERENTLY DISTINCT
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: SUBSTANTIAL BUSINESS RELATIONSHIPS MUST BE IDENTIFIABLE AND SPECIFIC
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MIAMI BUSINESS LITIGATION: BUSINESSES MUST TAKE REASONABLE MEASURES TO MAINTAIN THE SECRECY OF ITS TRADE SECRETS
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: ENFORCING REASONABLE RESTRICTIONS
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MIAMI NON-COMPETE AGREEMENTS: ENFORCING NON-COMPETE AGREEMENTS TO PROTECT A BUSINESS’ SPECIALIZED TRAINING
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FORT LAUDERDALE BUSINESS LITIGATION: NON-PUBLIC COMPILATIONS OF CLIENT LISTS CAN BE PROTECTED TRADE SECRETS
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MIAMI BUSINESS LITIGATION: DETERMINING STANDING IN A SHAREHOLDER DERIVATIVE LAWSUIT
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FORT LAUDERDALE BUSINESS LITIGATION: DEFENDING AGAINST TORTIOUS INTERFERENCE CLAIMS
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MIAMI BUSINESS LITIGATION: ENFORCING FLORIDA’S TRADE SECRET ACT TO PREVENT EMPLOYEES FROM MISAPPROPRIATING EMPLOYER’S TRADE SECRETS
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FORT LAUDERDALE BUSINESS LITIGATION: FLORIDA’S INDEPENDENT TORT DOCTRINE
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: SEEKING INJUNCTIVE RELIEF TO ENFORCE RESTRICTIVE COVENANTS
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MIAMI BUSINESS LITIGATION: FRAUD DAMAGES UNDER FLORIDA’S FLEXIBILITY THEORY
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FORT LAUDERDALE BUSINESS LITIGATION: PROTECTING CUSTOMER INFORMATION FROM TRADE SECRET MISAPPROPRIATION
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MIAMI NON-COMPETE AGREEMENTS: LEGITIMATE BUSINESS INTERESTS SUPPORTING RESTRICTIVE COVENANTS
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FORT LAUDERDALE BUSINESS LITIGATION: PROTECTING CUSTOMER LISTS AS TRADE SECRETS
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: PROTECTING A BUSINESS’ GOODWILL AS A LEGITIMATE BUSINESS INTEREST
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MIAMI BUSINESS LITIGATION: TRADE SECRET MISAPPROPRIATION DURING EMPLOYMENT
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FORT LAUDERDALE BUSINESS LITIGATION: IDENTIFYING BUSINESS RELATIONSHIPS FOR TORTIOUS INTERFERENCE CLAIMS
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DEFENDING FLORIDA EMPLOYERS: RELIGIOUS DISCRIMINATION CLAIMS UNDER TITLE VII
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: ENFORCING NON-COMPETE AGREEMENTS TO PROTECT TRADE SECRETS
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MIAMI BUSINESS LITIGATION: OBTAINING INJUNCTIVE RELIEF TO PROTECT TRADE SECRETS UNDER FUTSA
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: ENFORCING RESTRICTIVE COVENANTS UNDER FLORIDA LAW
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FORT LAUDERDALE BUSINESS LITIGATION: REMEDIES FOR TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT
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MIAMI BUSINESS LITIGATION: SPECIAL DUTY EXCEPTION TO FLORIDA’S TEST FOR ESTABLISHING DIRECT STANDING
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FORT LAUDERDALE BUSINESS LITIGATION: DETERMINING THE LIKELIHOOD OF CONFUSION IN TRADEMARK INFRINGEMENT CASES
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DEFENDING FLORIDA EMPLOYERS: EMPLOYEE’S BURDEN TO DEMONSTRATE PRETEXT IN CLAIMS OF DISCRIMINATION
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MIAMI BUSINESS LITIGATION: FRAUDULENT INDUCEMENT CLAIMS IN FLORIDA
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FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRET THEFT BY AN EMPLOYEE
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DEFENDING FLORIDA EMPLOYERS: DEFEATING TITLE VII RETALIATION CLAIMS
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MIAMI BUSINESS LITIGATION: SHOWING DIRECT HARM AND SPECIAL INJURY TO ESTABLISH DIRECT STANDING IN FLORIDA
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FORT LAUDERDALE BUSINESS LITIGATION: ADMISSIBILITY OF BUSINESS RECORDS
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MIAMI BUSINESS LITIGATION: DISCLOSING TRADE SECRETS TO THIRD PARTIES
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FORT LAUDERDALE BUSINESS LITIGATION: IDENTIFYING TRADE SECRETS UNDER FUTSA
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DEFENDING FLORIDA EMPLOYERS: AVOIDING VICARIOUS LIABILITY UNDER THE FARAGHER/ELLERTH AFFIRMATIVE DEFENSE
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MIAMI BUSINESS LITIGATION: DEFENDING AGAINST IMPROPER ASSERTION OF PERSONAL JURISDICTION
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: INTERPRETING NON-SOLICITATION PROVISIONS IN FLORIDA
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MIAMI BUSINESS LITIGATION: CIVIL SEIZURE REMEDY UNDER THE DEFEND TRADE SECRETS ACT
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DEFENDING FLORIDA EMPLOYERS: DEFEATING TITLE VII CLAIMS WHERE HARASSMENT IS NOT SUFFICIENTLY SEVERE
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FORT LAUDERDALE BUSINESS LITIGATION: FLORIDA’S PLEADING REQUIREMENTS FOR TRADE SECRET CLAIMS
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: FLORIDA LAW PROTECTS A COMPANY’S CUSTOMER GOODWILL
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MIAMI BUSINESS LITIGATION: NON-COMPETE AGREEMENTS PROTECT SUBSTANTIAL BUSINESS RELATIONSHIPS
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DEFENDING FLORIDA EMPLOYERS: REASONABLE ACCOMMODATIONS UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)
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FORT LAUDERDALE BUSINESS LITIGATION: UNCONSCIONABLE CONTRACTS
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MIAMI BUSINESS LITIGATION: SEEKING EXPECTATION DAMAGES FOR A BREACH OF CONTRACT
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DEFENDING FLORIDA EMPLOYERS: DEFEATING EMPLOYMENT DISCRIMINATION CLAIMS THAT RELY ON CIRCUMSTANTIAL EVIDENCE
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FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRET MISAPPROPRIATION THROUGH IMPROPER MEANS
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MIAMI BUSINESS LITIGATION: ENFORCING NON-SOLICITATION AGREEMENTS IN FLORIDA
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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCING NON-COMPETE AGREEMENTS TO PROTECT TRADE SECRETS
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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCING NON-COMPETE AGREEMENTS AFTER PURCHASING A BUSINESS
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DEFENDING FLORIDA EMPLOYERS: DEFEATING RETALIATION CLAIMS WHERE EMPLOYEE NOT QUALIFIED
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MIAMI BUSINESS LITIGATION: TRADE SECRET THEFT DURING EMPLOYMENT
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FORT LAUDERDALE BUSINESS LITIGATION: FLORIDA LAW PROTECTS A COMPANY’S SPECIALIZED TRAINING AS A LEGITIMATE BUSINESS INTEREST
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FORT LAUDERDALE BUSINESS LITIGATION: THE LANHAM (TRADEMARK) ACT PROTECTS A COMMERCIAL ENTERPRISE’S TRADE DRESS
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DEFENDING FLORIDA EMPLOYERS: EMPLOYEE’S “FAILURE TO MITIGATE” DAMAGES REDUCES POSSIBLE RECOVERY
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FORT LAUDERDALE BUSINESS LITIGATION: FRAUD DAMAGES VERSUS BREACH OF CONTRACT DAMAGES
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DEFENDING FLORIDA EMPLOYERS: THE DOCTRINE OF RESPONDEAT SUPERIOR AND VICARIOUS LIABILITY
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MIAMI BUSINESS LITIGATION: CHOICE OF LAW PROVISIONS DO NOT AUTOMATICALLY CONFER PERSONAL JURISDICTION
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FORT LAUDERDALE TRADE SECRET LITIGATION: PREEMPTION UNDER FLORIDA’S UNIFORM TRADE SECRET ACT
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DEFENDING FLORIDA EMPLOYERS: DEFEATING CLAIMS OF SEXUAL HARASSMENT ALLEGING “QUID PRO QUO”
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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCING ARBITRATION CLAUSES THAT ARE INCORPORATED BY REFERENCE
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MIAMI BUSINESS LITIGATION: FLORIDA’S “PRIOR BREACH” DEFENSE TO NON-COMPETE AGREEMENTS
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FORT LAUDERDALE BUSINESS LITIGATION: FORUM SELECTION CLAUSES IN NON-COMPETE AGREEMENTS ARE ENFORCEABLE
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FORT LAUDERDALE BUSINESS LITIGATION: AMBIGUOUS TERMS IN COMMERCIAL CONTRACTS
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FORT LAUDERDALE BUSINESS LITIGATION: A PARTY CAN RECOVER CONSEQUENTIAL DAMAGES UNDER A CONTRACT WHEN THE DAMAGES ARE FORESEEABLE
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FORT LAUDERDALE BUSINESS LITIGATION: TORTIOUS INTERFERENCE DEFENSES BASED ON PRIVILEGE
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FORT LAUDERDALE BUSINESS LITIGATION: EMPLOYEES OWE THEIR CURRENT EMPLOYERS A FIDUCIARY DUTY OF LOYALTY
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FORT LAUDERDALE TRADE SECRET LITIGATION: EMPLOYERS MUST ADEQUATELY PROTECT THEIR CONFIDENTIAL TRADE SECRETS
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FORT LAUDERDALE BUSINESS LITIGATION: INTEGRATION CLAUSES IN CONTRACTS DO NOT ALWAYS PROHIBIT FRAUD CLAIMS
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FORT LAUDERDALE BUSINESS LITIGATION: DISCLAIMING FRAUD LIABILITY UNDER A CONTRACT IN FLORIDA
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FORT LAUDERDALE TRADE SECRET LAW: CUSTOMER INFORMATION CAN QUALIFY AS A TRADE SECRET
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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCEABILITY OF ARBITRATION CLAUSE WHEN PARTY SEEKS RESCISSION OF CONTRACT
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FORT LAUDERDALE BUSINESS LITIGATION: RECOVERY OF LOST PROFITS FOR BREACH OF CONTRACT
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FORT LAUDERDALE BUSINESS LITIGATION: TRADEMARK INFRINGMENT AND UNAUTHORIZED “USE”
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DEFENDING FORT LAUDERDALE EMPLOYERS: THE AMERICANS WITH DISABILITY ACT DOES NOT MANDATE REASSIGNMENT WITHOUT COMPETITION
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MIAMI BUSINESS LITIGATION: ARBITRATION PROVISIONS ARE UNEFORCEABLE WHEN THEY DEFEAT THE PURPOSE OF A REMEDIAL STATUTE
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FORT LAUDERDALE BUSINESS LITIGATION: CONTRACTS ALLEGED TO BE UNLAWFUL RESTRAINTS ON TRADE OR COMMERCE
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DEFENDING FORT LAUDERDALE EMPLOYERS: EMPLOYMENT LAWSUITS ALLEGING DISCRIMINATION AND HOSTILE WORK ENVIRONMENT
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FORT LAUDERDALE BUSINESS LITIGATION: DEFENSE AGAINST CLAIMS OF TORTIOUS INTERFERENCE
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MIAMI BUSINESS LITIGATION: TRADE DRESS INFRINGEMENT
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FORT LAUDERDALE BUSINESS LITIGATION: RECOVERY OF LOST PROFITS FROM BREACH OF CONTRACT
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FORT LAUDERDALE BUSINESS LITIGATION: CLAIMS ALLEGING FRAUDULENT INDUCEMENT TO BUY A BUSINESS
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FORT LAUDERDALE TRADE SECRET LAW: COURTS REQUIRE THAT TRADE SECRET BE DISCLOSED WITH “REASONABLE PARTICULARITY”
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MIAMI NON-COMPETE AGREEMENTS: WHEN COURTS WILL ISSUE AN INJUNCTION TO PROTECT AN EMPLOYER
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FORT LAUDERDALE BUSINESS LITIGATION: FORENSIC EXAMINATIONS OF ELECTRONIC DEVICES
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FORT LAUDERDALE BUSINESS LITIGATION: RESOLVING CORPORATE DEADLOCK WITH A PROVISIONAL DIRECTOR
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FORT LAUDERDALE TRADE SECRET LAW: CUSTOMER LISTS AS TRADE SECRETS
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FORT LAUDERALE BUSINESS LITIGATION: PARTIAL WAIVER OF CONTRACTUAL RIGHT TO ARBITRATION
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MIAMI BUSINESS LITIGATION: ARBITRATION AND APPEALS
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FORT LAUDERDALE BUSINESS LITIGATION: UNINENTIONAL WAIVER OF RIGHT TO ARBITRATION
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MIAMI NON-COMPETE AGREEMENTS: NON-SOLICITATION COVENANTS
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MIAMI BUSINESS LITIGATION: CLAIMS OF FRAUD REQUIRE PROOF OF “REASONABLE RELIANCE”
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FORT LAUDERDALE BUSINESS LITIGATION: CLAIMS DECIDED IN ARBITRATION VERSUS COURT PROCEEDINGS
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MIAMI NON-COMPETE AGREEMENTS: DIVERGENT LEGAL STANDARDS FOR INJUNCTIONS IN STATE AND FEDERAL COURTS
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MIAMI BUSINESS LITIGATION: INTERPRETING CONTRACTS USING PAROL EVIDENCE
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FORT LAUDERDALE BUSINESS LITIGATION: IMPLIED CONTRACTS
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MIAMI BUSINESS LITIGATION: THIRD-PARTY BENEFICIARIES
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FORT LAUDERDALE BUSINESS LITIGATION: CONTRACTS AND UNILATERAL ATTORNEY FEE PROVISIONS
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: TRADE SECRETS AS A LEGITIMATE BUSINESS INTEREST
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FORT LAUDERDALE BUSINESS LITIGATION: ARBITRATION AND LITIGATION OF DISPUTES
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FORT LAUDERDALE BUSINESS LITIGATION: CONTRACTUAL INTENT AFFECTS ARBITRABILITY
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MIAMI BUSINESS LITIGATION: CONTRACT DEFENSE OF UNCONSCIONABILITY
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FORT LAUDERDALE BUSINESS LITIGATION: COVID-19 CONTRACT LITIGATION
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: DELAWARE CHOICE OF LAW PROVISION IN FLORIDA CONTRACT
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MIAMI BUSINESS LITIGATION: LAWSUITS ASSERTING DECEPTIVE AND UNFAIR BUSINESS PRACTICES
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: COMPILATIONS MAY QUALIFY AS A TRADE SECRET
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MIAMI BUSINESS LITIGATION: TRADE SECRET OBTAINED BY IMPROPER MEANS
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FORT LAUDERDALE BUSINESS LITIGATION: THE LAW OF THE CASE AFFECTS SUBSEQUENT PROCEEDINGS
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: EMPLOYEE’S PERSONAL CUSTOMER RELATIONSHIPS MAY NOT EXCUSE SOLICITATION
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MIAMI BUSINESS LITIGATION: FRANCHISORS MAY BE LIABLE FOR THE NEGLIGENT ACTS OF ITS FRANCHISEES
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FORT LAUDERDALE BUSINESS LITIGATION: PRIVACY CAN BE PROTECTED THROUGH FORENSIC EXAMINATION PROTOCOLS
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MIAMI BUSINESS LITIGATION: COURTS INTERPRET CONTRACTS TO AVOID ABSURD RESULTS
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FORT LAUDERDALE BUSINESS LITIGATION: PROVISIONAL DIRECTORS CAN BE APPOINTED TO BREAK CORPORATION DEADLOCKS
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MIAMI BUSINESS LITIGATION: DECEPTIVE EXCULPATORY CLAUSES MAY BE UNENFORCEABLE
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FORT LAUDERDALE BUSINESS LITIGATION: WEBCRAWLER RECORDS CAN BE ADMISSIBLE EVIDENCE
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: ALLEGATIONS OF ILLEGAL CONDUCT AND RESTRICTIVE COVENANTS (PART II)
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FORT LAUDERDALE TRADE SECRET LAW: DISCOVERY ORDERS MUST PROTECT BUSINESS TRADE SECRETS
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MIAMI BUSINESS LITIGATION: ILLEGAL CONDUCT AND RESTRICTIVE COVENANTS (PART I)
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FORT LAUDERDALE BUSINESS LITIGATION: COPYRIGHT LAW CAN PROTECT BUSINESSES FROM UNFAIR COMPETITION
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: EMPLOYEE’S MILITARY SERVICE MAY NOT TOLL NON-COMPETE PERIOD
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MIAMI BUSINESS LITIGATION: COURT INTERPRETATION OF CONTRACTS
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FORT LAUDERDALE BUSINESS LITIGATION: REMEDIES UNDER THE DEFEND TRADE SECRETS ACT
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DEFENDING FORT LAUDERDALE EMPLOYERS: EMPLOYMENT LAWSUITS ALLEGING CONSTRUCTIVE TERMINATION
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MIAMI NON-COMPETE AGREEMENTS: JUDGMENTS INCORPORATING ILLEGAL NON-COMPETES MAY BE ENFORCEABLE
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MIAMI BUSINESS LITIGATION: LITIGATION PRIVILEGE DOES NOT PROTECT ALL ACTS
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FORT LAUDERDALE BUSINESS LITIGATION: FLORIDA COURTS IMPOSE LIMITATIONS ON FINANCIAL DISCOVERY
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FORT LAUDERDALE BUSINESS LITIGATION: STANDING MUST BE ESTABLISHED AT THE INCEPTION OF THE LAWSUIT
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FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRETS LAWSUITS AND LEGAL REQUIREMENT OF SPECIFITY OF ALLEGED “TRADE SECRET”
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MIAMI BUSINESS LITIGATION: BANKRUPTCY CONSIDERATIONS IN LITIGATION STRATEGY
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FORT LAUDERDALE BUSINESS LITIGATION: COURTS MAY NOT INTERFERE WITH ARBITRATOR’S FACTUAL FINDINGS
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FORT LAUDERDALE BUSINESS LITIGATION: IN CAMERA INSPECTIONS ARE NECESSARY TO PROTECT TRADE SECRETS
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MIAMI BUSINESS LITIGATION: INJUNCTION TO PROTECT TRADE SECRETS
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FORT LAUDERDALE TRADE SECRET LAW: CONFIDENTIALITY AND NON-COMPETE AGREEMENTS PROTECT TRADE SECRETS
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MIAMI BUSINESS LITIGATION: FINALITY OF ARBITRATION
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: ORAL EXTENSION OF AGREEMENT DOES NOT SATISFY STATUTE OF FRAUDS
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FORT LAUDERDALE BUSINESS LITIGATION: ARBITRATION AND CLAIMS OF FRAUDULENT MISREPRESENTATION
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BOCA RATON NON-COMPETE AGREEMENTS: RESTRUCTURING SERVICES MAY NOT CONSTITUTE BEING OUT OF THE “LINE OF BUSINESS”
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DEFENDING FORT LAUDERDALE EMPLOYERS: EMPLOYMENT LAWSUITS ALLEGING RETALIATION
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MIAMI BUSINESS LITIGATION: IMPLIED AUTHORITY AND ARBITRATION AGREEMENTS
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MIAMI BUSINESS LITIGATION: FLORIDA CLAIMS OF CIVIL THEFT REQUIRE CRIMINAL INTENT
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DEFENDING FORT LAUDERDALE EMPLOYERS: DEFENDING AGAINST FLORIDA EMPLOYMENT DISCRIMINATION CLAIMS
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: COURTS MAY INTERPRET NON-COMPETE ARBITRATION PROVISIONS TO APPLY TO PURCHASE AGREEMENTS
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MIAMI BUSINESS LITIGATION: A PARTY MAY NOT BE COMPELLED TO ARBITRATE A DISPUTE WITHOUT CONSENT
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FORT LAUDERDALE BUSINESS LITIGATION: CLAIMS OF FALSE ADVERTISING
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MIAMI BUSINESS LITIGATION: THE REQUIREMENT TO DISCLOSE IN TRADE SECRET LITIGATION
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DEFENDING FORT LAUDERDALE EMPLOYERS: EMPLOYER LIABILITY UNDER THE CORONAVIRUS RESPONSE ACT
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MIAMI NON-COMPETE AGREEMENTS: NON-COMPETE AGREEMENTS OF A DISSOLVED CORPORATION MAY NOT BE ENFORCEABLE BY A SUCCESSOR
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MIAMI BUSINESS LITIGATION: “DIRECT LAWSUITS” BETWEEN MEMBERS OF AN LLC
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FORT LAUDERDALE BUSINESS LITIGATION: FEDERAL COURTS APPLY STATE LAW IN CORPORATE GOVERNANCE LAWSUITS
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PALM BEACH NON-COMPETE AGREEMENTS: TEMPORARY INJUNCTION TO STOP “IRREPARABLE HARM”
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MIAMI BUSINESS LITIGATION: TRADEMARK INFRINGEMENT AND LIKELIHOOD OF CONFUSION
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DEFENDING FORT LAUDERDALE EMPLOYERS: CORONAVIRUS RESPONSE ACT (“CARES ACT”) REQUIREMENTS FOR BUSINESSES
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FORT LAUDERDALE BUSINESS LITIGATION: FRAUD CLAIMS AND DEFENSE OF “PUFFERY”
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FORT LAUDERDALE NON-COMPETE AGREEMENTS: EMPLOYMENT AGREEMENT DISPUTE MAY REQUIRE ARBITRATION OF A NON-COMPETE AGREEMENT
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DEFENDING FORT LAUDERDALE EMPLOYERS: DEFEATING RETALIATION CLAIMS
:
Updated:
MIAMI BUSINESS LITIGATION: BUSINESS JUDGMENT RULE CAN INSULATE DIRECTORS FROM LIABILITY
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: DUTY OF GOOD FAITH AND FAIR DEALING
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: FLORIDA LAW VERSUS MARYLAND LAW
:
Updated:
DEFENDING FORT LAUDERDALE EMPLOYERS: EEOC LEGAL DEADLINES
:
Updated:
MIAMI BUSINESS LITIGATION: TRADEMARK PROTECTION FOR DISTINCT TRADE NAME
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRET ACT PREEMPTION OF CLAIMS UNDER THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: SUBSTANTIAL RELATIONSHIPS WITH CUSTOMERS MUST BE SUFFICIENTLY PROVEN
:
Updated:
DEFENDING FORT LAUDERDALE EMPLOYERS: DEFEATING CLAIMS OF RETALIATION
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: PROOF OF INTENT WHEN CLAIMING FRAUD
:
Updated:
MIAMI BUSINESS LITIGATION: AMBIGUOUS CONTRACTS
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: EFFECTIVE LEGAL REPRESENTATION AFTER CHANGE OF THE PRESIDING JUDGE
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: WHEN COURTS ARE AUTHORIZED TO REFORM A CONTRACT
:
Updated:
DEFENDING FORT LAUDERDALE EMPLOYERS: RECENT SUPREME COURT PRECEDENT PROTECTS RELIGIOUS EMPLOYERS
:
Updated:
MIAMI BUSINESS LITIGATION: RECENT SUPREME COURT DECISION ON “GENERIC” TRADEMARKS
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: COMPELLING ARBITRATION AND DISCOVERY ON MERITS
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: PROOF OF REASONABLE NECESSITY TO ENFORCE A NON-COMPETE COVENANT
:
Updated:
MIAMI BUSINESS LITIGATION: CHOICE OF LAW AND LITIGATION OF CLAIMS OF FRAUD
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: STRATEGIC CONSIDERATIONS FOR LAWSUIT FORUM
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: INJUNCTIONS AND STATUTORY PRESUMPTION OF IRREPARABLE INJURY
:
Updated:
DEFENDING FLORIDA EMPLOYERS: TAX FRAUD CLAIMS IN EMPLOYMENT LAWSUITS
:
Updated:
FORT LAUDERDALE LITIGATION: SPOLIATION OF EVIDENCE CAN RESULT IN AN ADVERSE JURY INSTRUCTION
:
Updated:
MIAMI BUSINESS LITIGATION: FREEDOM TO CONTRACT GENERALLY CANNOT BE INTERFERED WITH BY THE COURTS
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: COMPILED BUSINESS INFORMATION MAY JUSTIFY A NON-COMPETE AGREEMENT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: RECENT SUPREME COURT PRECEDENT PROHIBITING DISCRIMINATION AGAINST LGBT PERSONS
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: PERSONAL JURISDICTION AND MINIMUM CONTACTS
:
Updated:
MIAMI BUSINESS LITIGATION: CLAIMS FOR LOST PROFITS BASED ON UNINTENTIONAL TRADEMARK INFRINGEMENT
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: COMMERCIAL ESPIONAGE AND TRADE SECRET MISAPPROPRIATION
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: SUMMARY JUDGMENT CAN BE INAPPROPRIATE TO DETERMINE REASONABLENESS AND SCOPE OF A NON-COMPETE COVENANT
:
Updated:
DEFENDING FORT LAUDERDALE EMPLOYERS: DISCRIMINATION CLAIMS ALLEGING “HOSTILE WORK ENVIRONMENT”
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: DIRECT SHAREHOLDER LAWSUITS AGAINST A CORPORATION
:
Updated:
MIAMI BUSINESS LITIGATION: TRADE SECRETS ACQUIRED BY IMPROPER MEANS
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: DECLARATORY JUDGMENT CLAIMS MUST INCLUDE ALL AFFECTED PARTIES
:
Updated:
DEFENDING FORT LAUDERDALE EMPLOYERS: THE LEGAL REQUIREMENT THAT EMPLOYEES BE “QUALIFIED” UNDER THE FAMILY AND MEDICAL LEAVE ACT
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: RESCISSION OF A CONTRACT
:
Updated:
MIAMI BUSINESS LITIGATION: TRADE SECRET DOES NOT NECESSARILY REQUIRE A CONFIDENTIALITY AGREEMENT
:
Updated:
MIAMI BUSINESS LITIGATION: DECEPTIVE AND UNFAIR TRADE PRACTICES AND “PASS-THROUGH” CHARGES
:
Updated:
FORT LAUDERDALE NON-COMPETE AGREEMENTS: RELEASES MUST SUFFICIENTLY REFERENCE NON-COMPETE AGREEMENTS
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DEFEATING CLAIMS OF RETALIATION
:
Updated:
FORT LAUDERDALE BUSINESS LITIGATION: DECEPTIVE AND UNFAIR TRADE PRACTICES AND “PASS-THROUGH” CHARGES
:
Updated:
MIAMI NON-COMPETE AGREEMENTS: NON-PARTIES AGENTS CAN BE ENJOINED FROM VIOLATING A NON-COMPETE AGREEMENT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DEFEATING CLAIMS OF DISCRIMINATION
:
Updated:
MIAMI BUSINESS LITIGATION: BREACH OF CONTRACT AND “APPARENT AUTHORITY”
:
Updated:
PALM BEACH NON-COMPETE AGREEMENTS: NON-COMPETE AGREEMENTS MAY NOT BAR ORDINARY COMPETITION
:
Updated:
MIAMI BUSINESS LITIGATION: CONTRACTS AND UNILATERAL “MISTAKE”
:
Updated:
BOCA RATON NON-COMPETE AGREEMENTS: HOW FLORIDA COURTS ADDRESS “BALANCING OF HARMS”
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DISABILITY DISCRIMINATION CLAIMS
:
Updated:
MIAMI BUSINESS LITIGATION: CONTRACTS MAY SOMETIMES BE ORALLY MODIFIED EVEN WHEN PROHIBITED
:
Updated:
BOCA RATON NON-COMPETE AGREEMENTS: DEFENSE BASED ON SEXUAL HARASSMENT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DEFEATING OVERTIME AND MINIMUM WAGE COLLECTIVE ACTIONS – PART THREE
:
Updated:
MIAMI BUSINESS LITIGATION: DISPUTES OVER “LOST PROFITS”
:
Updated:
PALM BEACH NON-COMPETE AGREEMENTS: PRIOR BREACH DEFENSE AND “INDEPENDENT COVENANT”
:
Updated:
MIAMI BUSINESS LITIGATION: ENFORCEABILITY OF CONTRACTS THAT DISCLAIM ALL LIABILITY
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DEFEATING OVERTIME AND MINIMUM WAGE COLLECTIVE ACTIONS – PART TWO
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: COURTS HAVE DISCRETION IN SETTING BOND AMOUNTS
:
Updated:
MIAMI BUSINESS LITIGATION: STRATEGIC USE OF OFFERS JUDGMENT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DEFEATING OVERTIME AND MINIMUM WAGE COLLECTIVE ACTIONS – PART ONE
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: ASSIGNMENT OF A NON-COMPETE AS PART OF A BUSINESS SALE
:
Updated:
MIAMI BUSINESS LITIGATION: FRUSTRATION OF PURPOSE OR IMPRACTICABILITY MAY EXCUSE PERFORMANCE OF CONTRACTUAL OBLIGATIONS DUE TO PANDEMIC
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: FORUM SELECTION AND NON-SIGNATORIES
:
Updated:
FLORIDA BUSINESS LITIGATION: WHEN CONTRACTUAL PERFORMANCE MAY BE EXCUSED BECAUSE OF PANDEMIC
:
Updated:
DEFENDING FLORIDA EMPLOYERS: OVERTIME WAGE EXEMPTION FOR EMPLOYEES PAID COMMISSIONS, PART TWO
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: RESTRICTING COMPETITION WITH COMPANIES WITH SIMILAR BUSINESS METHODS
:
Updated:
DEFENDING FLORIDA EMPLOYERS: OVERTIME WAGE EXEMPTION FOR EMPLOYEES PAID COMMISSIONS, PART ONE
:
Updated:
FLORIDA TRADE SECRET LITIGATION: DISCLOSURE WITHOUT CONFIDENTIALITY AGREEMENT OR CONFIDENTIAL RELATIONSHIP
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: JUDICIAL ANALYSIS OF INJUNCTIONS IN THE CONTEXT OF EMPLOYEE DEFENSES
:
Updated:
DEFENDING FLORIDA EMPLOYERS: THE LEGAL DOCTRINE OF JUDICIAL ESTOPPEL AS A DEFENSE AGAINST EMPLOYMENT LAWSUITS
:
Updated:
FLORIDA BUSINESS LITIGATION: GUARANTORS AND AFFIRMATIVE DEFENSES BASED ON UNDERLYING DEBT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: WORKER’S COMPENSATION RETALIATION CLAIMS
:
Updated:
FLORIDA NON-COMPETE AGREEMENT LAW VERSUS NEW YORK LAW: PROTECTION OF CUSTOMER RELATIONSHIPS AND GOODWILL
:
Updated:
DEFENDING FLORIDA EMPLOYERS: OBJECTIVE EVIDENCE TO DEFEAT ALLEGED HOSTILE WORK ENVIRONMENT CLAIMS
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: FRANCHISORS MAY HAVE A LEGITIMATE BUSINESS INTEREST IN RE-ENTERING MARKET SERVED BY TERMINATED FORMER FRANCHISEE
:
Updated:
FLORIDA BUSINESS LITIGATION: ORDINARY COMPETITION MAY NOT CONSTITUTE A TORTIOUS INTERFERENCE CLAIM
:
Updated:
DEFENDING FLORIDA EMPLOYERS: SEXUAL HARASSMENT CLAIMS DEPEND ON THE SEVERITY AND CIRCUMSTANCES OF THE HARASSMENT
:
Updated:
FLORIDA TRADE SECRET LAW: WITHOUT A NON-COMPETE AGREEMENT, AN INJUNCTION PROHIBITING USE OF TRADE SECRETS MAY NOT ENJOIN COMPETITION
:
Updated:
FLORIDA BUSINESS LITIGATION: ARBITRATION PROVISIONS AND THEIR SCOPE
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: UNDEFINED TERMS IN NON-COMPETE AGREEMENTS MAY LIMIT THE PROTECTION AFFORDED BY THE CONTRACT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: DEFEATING BAD FAITH CLAIMS OF RETALIATION
:
Updated:
FLORIDA TRADE SECRET AND NON-COMPETE AGREEMENT LITIGATION: TRADE SECRETS MUST BE CLOSELY GUARDED TO BE PROTECTABLE UNDER FLORIDA AND FEDERAL LAW
:
Updated:
FLORIDA BUSINESS LITIGATION: CORPORATE OWNERSHIP WHEN NO STOCK CERTIFICATES WERE ISSUED
:
Updated:
FLORIDA TRADE SECRET LITIGATION: TRADE SECRET INJUNCTIONS MUST BE SPECIFIC ENOUGH FOR AN ORDINARY PERSON TO UNDERSTAND
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: ATTORNEY’S FEES AND COSTS MAY NOT BE AWARDED FOR AIDING AND ABETTING VIOLATION OF NON-COMPETE AGREEMENTS
:
Updated:
FLORIDA EMPLOYMENT LAW: “REVERSE” AGE DISCRIMINATION IS NOT PROHIBITED UNDER FLORIDA OR FEDERAL LAW
:
Updated:
FLORIDA BUSINESS LITIGATION: FLORIDA AND FEDERAL COURTS BROADLY INTERPRET AMBIGUOUS ARBITRATION CONTRACTS IN FAVOR OF REQUIRING ARBITRATION
:
Updated:
FLORIDA TRADE SECRET LITIGATION: CLAIMS OF TRADE SECRET MISAPPROPRIATION MAY PREEMPT FILING ALTERNATIVE CLAIMS
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: A NON-COMPETE THAT EXCEEDS TWO YEARS MAY BE JUSTIFIED BY THE INTEREST PROTECTED AND THE IMPORTANCE OF THE FORMER EMPLOYEE
:
Updated:
FLORIDA TRADE SECRET LITIGATION: AN IDEA OR CONCEPT REQUIRES SUFFICIENT SUBSTANCE TO QUALIFY AS A PROTECTED TRADE SECRET
:
Updated:
FLORIDA BUSINESS LITIGATION: THE PRACTICAL USE OF DECLARATORY JUDGMENT LAWSUITS
:
Updated:
ENFORCEMENT OF FLORIDA NON-COMPETE AGREEMENTS AND THE POSTING OF A BOND
:
Updated:
FLORIDA BUSINESS LITIGATION: ENFORCEABILITY OF “UNILATERAL” ARBITRATION PROVISIONS
:
Updated:
FLORIDA NON-COMPETE LAW: FORMER EMPLOYEE’S LACK OF INTENT TO VIOLATE NON-COMPETE MAY NOT BAR ENFORCEMENT
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: RESTRICTION ON DOCTORS SEEING PATIENTS WITHIN A SPECIFIC COUNTY MAY BE ENFORCEABLE
:
Updated:
FLORIDA BUSINESS LITIGATION, PART TWO: CONTRACTUAL “INTEGRATION” OR “MERGER” CLAUSES CAN REDUCE UNCERTAINTY IN BREACH OF CONTRACT LAWSUITS
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: OTHER STATES MAY REFUSE TO ENFORCE FLORIDA NON-COMPETE AGREEMENTS
:
Updated:
FLORIDA BUSINESS LITIGATION, PART ONE: CONTRACTUAL “INTEGRATION” OR “MERGER” CLAUSES CAN REDUCE UNCERTAINTY IN BREACH OF CONTRACT LAWSUITS
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: PUBLIC POLICY RARELY AFFECTS FLORIDA COURTS’ ANALYSIS OF WHETHER TO ENFORCE NON-COMPETE AGREEMENTS
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: “LEGITIMATE BUSINESS INTERESTS” NOT ARTICULATED UNDER THE NON-COMPETE STATUTE
:
Updated:
FLORIDA NON-COMPETE LAW: FORMING RELATIONSHIPS WITH CUSTOMERS AS PART OF A SALES POSITION MAY BE A PROTECTED BUSINESS INTEREST
:
Updated:
FLORIDA BUSINESS LITIGATION: NON-CONSUMER LAWSUITS UNDER FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT
:
Updated:
FLORIDA TRADE SECRET LITIGATION: THE MEANING OF THE TERM “INDEPENDENT ECONOMIC VALUE”
:
Updated:
FLORIDA BUSINESS LITIGATION: FLORIDA’S REVISED ARBITRATION CODE ALLOWS PARTIES TO SEEK PROVISIONAL REMEDIES EVEN WHEN THEY CONTRACTUALLY AGREED TO ARBITRATE
:
Updated:
FLORIDA NON-COMPETE LAW: FLORIDA LEGISLATURE NARROWED THE APPLICATION OF NON-COMPETE AGREEMENTS FOR CERTAIN SPECIALTY PHYSICIANS
:
Updated:
FLORIDA TRADEMARK INFRINGMENT AND UNFAIR COMPETITION LITIGATION: RECENT FEDERAL COURT PRECEDENT PERMITS TRADEMARK OWNERS TO SUE LANDLORDS FOR THEIR TENANTS’ VIOLATIONS OF THE LANHAM ACT
:
Updated:
DEFENDING FLORIDA EMPLOYERS: CHANGES IN FEDERAL APPELLATE COURT INTERPRETATIONS OF WHAT IS CONSIDERED SEX DISCRIMINATION UNDER FEDERAL LAW
:
Updated:
FLORIDA EMPLOYMENT AND NONCOMPETE LITIGATION: EMPLOYERS SHOULD CAREFULLY DRAFT SETTLEMENT AGREEMENTS TO AVOID FURTHER LITIGATION
:
Updated:
FLORIDA BUSINESS LITIGATION: EQUITABLE ESTOPPEL ONLY PERMITS A NON-SIGNATORIES TO COMPEL ARBITRATION UNDER AN AGREEMENT IN LIMITED CIRCUMSTANCES
:
Updated:
FLORIDA NON-COMPETE LAW: LEGITIMATE BUSINESS INTERESTS CAN BE ESTABLISHED BY CLIENT GOODWILL ASSOCIATED WITH A SPECIFIC GEOGRAPHIC LOCATION
:
Updated:
DEFENDING FLORIDA EMPLOYERS ACCUSED OF SEXUAL HARASSMENT: ISOLATED INCIDENTS OF SEXUAL HARASSMENT ARE RARELY VIABLE CLAIMS UNDER TITLE VII OF THE CIVIL RIGHTS ACT AND THE FLORIDA CIVIL RIGHTS ACT
:
Updated:
FLORIDA NON-COMPETE LAW: FORUM SELECTION CLAUSES IN NON-COMPETE AGREEMENTS MAY BE ENFORCED UNLESS THEY CAN BE SHOWN TO BE UNREASONABLE OR UNJUST
:
Updated:
FLORIDA TRADEMARK INFRINGEMENT LITIGATION: “LIKELIHOOD OF CONFUSION” MUST BE ESTABLISHED IN A COUNTERFEIT CLAIM WHERE MARKS ARE NOT “SUBSTANTIALLY INDISTINGUISHABLE”
:
Updated:
FLORIDA NON-COMPETE LAW: COURTS REQUIRE PROOF OF PARTICULAR FACTS TO ESTABLISH A LEGITIMATE BUSINESS INTEREST FOR A NON-COMPETE AGREEMENT
:
Updated:
FLORIDA TRADE SECRET LITIGATION: COURTS SCRUTINIZE TRADE SECRET INFORMATION WHEN RULING ON PROTECTIVE ORDERS
:
Updated:
FLORIDA NON-COMPETE LITIGATION: ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS ABOUT NON-COMPETE NEGOTIATIONS MAY BE SUBJECT TO DISCLOSURE
:
Updated:
DEFENDING FLORIDA EMPLOYERS: FEDERAL APPELLATE COURT AFFIRMS DISMISSAL OF RACE DISCRIMINATION LAWSUIT BECAUSE THE EVIDENCE FAILED TO LOGICALLY PROVE DISCRIMINATION
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: NON-COMPETE PERIODS MAY NOT BE EXTENDED UNLESS THERE IS AN EQUITABLE REASON
:
Updated:
FLORIDA TRADE SECRET LAW: COURTS SCRUTINIZE TRADE SECRET INFORMATION WHEN CONSIDERING PROTECTIVE ORDERS
:
Updated:
FLORIDA TRADEMARK INFRINGEMENT LITIGATION: ACCOUNTING OF DEFENDANT’S PROFITS DEPENDS ON A SHOWING OF WILLFULL INFRINGEMENT
:
Updated:
FLORIDA NON-COMPETE CONTRACTS MAY NOT BIND SUCCESSOR COMPANIES UNLESS THE AGREEMENT IS ASSIGNABLE
:
Updated:
FLORIDA BUSINESS LITIGATION: DEFENSE AGAINST CLAIMS ASSERTING “INTRACORPORATE CONSPIRACY”
:
Updated:
FLORIDA NONCOMPETE AGREEMENTS: STIPULATIONS TO IRREPARABLE INJURY IN NON-COMPETE CONTRACTS MAY NOT BE ENFORCEABLE
:
Updated:
DEFENDING FLORIDA EMPLOYERS: EMPLOYER PREVAILS IN OVERTIME WAGE LAWSUIT BASED ON INDEPENDENT CONTRACTOR STATUS
:
Updated:
FLORIDA NON-COMPETE LAW AND BUYING OR SELLING A BUSINESS: COURTS SCRUTINIZE THE CONTRACTUAL WORDING WHEN DECIDING THE MEANING OF A NON-COMPETE COVENANT
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: ACTIONS TAKEN IN RELATION TO AN OFFER OF EMPLOYMENT MAY BE CONSIDERED SOLICITATION
:
Updated:
FLORIDA TRADE SECRET LAW: PROTECTING TRADE SECRETS DURING PUBLIC RECORDS COMPLIANCE
:
Updated:
DEFENDING FLORIDA EMPLOYERS: PLAINTIFF’S INITIAL BURDEN OF PROOF MUST INCLUDE SHOWING THAT COMPARATORS WERE TREATED DIFFERENTLY
:
Updated:
TRADEMARK INFRINGEMENT LITIGATION: PRODUCT DESIGNS THAT ARE FUNCTIONAL MAY NOT BE SUBJECT TO TRADE DRESS PROTECTION
:
Updated:
FLORIDA NON-COMPETE AND TRADE SECRET LITIGATION: FAILURE TO PROVE DAMAGES CAN DEFEAT LAWSUIT
:
Updated:
FLORIDA NON-COMPETE LAW: COURTS SCRUTINIZE THE CONTRACTUAL WORDING WHEN DECIDING THE SCOPE OF A NON-COMPETE COVENANT
:
Updated:
FLORIDA TRADEMARK INFRINGEMENT LITIGATION: TIME BARRED CLAIMS ARE SUBJECT TO LACHES DEFENSE
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: ADVERTISING BIOGRAPHICAL INFORMATION MAY NOT VIOLATE A NON-COMPETE AGREEMENT
:
Updated:
FLORIDA NON-COMPETE LAW: ANTITRUST ISSUES WHEN EMPLOYERS AGREE NOT TO SOLICT EACH OTHER’S EMPLOYEES
:
Updated:
FLORIDA NON-COMPETE AND RELATED TORT LAW: WHEN DO AN EMPLOYEE’S ACTIONS BEFORE ENDING EMPLOYMENT CONSTITUTE TORTIOUS INTERFERENCE AS OPPOSED TO LAWFUL PREPARATION TO COMPETE?
:
Updated:
RECENT FEDERAL APPELLATE COURT RULING ASSISTS FLORIDA EMPLOYERS IN THEIR DEFENSE AGAINST EMPLOYMENT DISCRIMINATION LAWSUITS
:
Updated:
FLORIDA BUSINESS LITIGATION: CLAIMS FOR PUNITIVE DAMAGES DO NOT IMPOSE ADDITIONAL BURDENS ON PLAINTIFFS ASSERTING FRAUD CLAIMS
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: CAN A LOST OR STOLEN AGREEMENT BE ENFORCED?
:
Updated:
ENFORCEMENT OF NONCOMPETE AGREEMENT: WHEN CAN COURTS CONSIDER INDIVIDUALIZED HARDSHIP?
:
Updated:
DEFENDING BUSINESSES FROM TRUCK LOADERS SUING FOR OVERTIME WAGES–PART TWO
:
Updated:
EXEMPTION OF LOADERS OF MOTOR VEHICLES FROM OVERTIME AND MINIMUM WAGE LAWS–PART ONE
:
Updated:
ARBITRATION AND BUSINESS LITIGATION: COURTS CAN DEEM PARTIES BOUND BY ARBITRATION CLAUSE FROM A SEPARATE WRITTEN CONTRACT
:
Updated:
FLORIDA NON-COMPETE DEFENSE: WHEN DOES A NON-COMPETE CONTRACT EXPIRE?
:
Updated:
FLORIDA ARBITRATION LAW: WHEN CAN THIRD PARTY BENEFICIARIES TO A CONTRACT BE COMPELLED TO ARBITRATE?
:
Updated:
FLORIDA NONCOMPETE DEFENSE: NON-PARTIES WILL NOT BE ENJOINED WHEN THERE IS NO EVIDENCE OF AIDING AND ABETTING
:
Updated:
DEFENDING EMPLOYERS AGAINST WORKPLACE DISCRIMINATION CLAIMS BASED ON SEXUAL ORIENTATION
:
Updated:
FLORIDA NONCOMPETE DEFENSE: POST-TERMINATION RESTRICTIONS CAN EXPIRE, EVEN IF EMPLOYEE STAYS ON AS AN AT-WILL EMPLOYEE
:
Updated:
DEFENDING FLORIDA EMPLOYERS IN OVERTIME PAY DISPUTES: RECENT UNITED STATES SUPREME COURT RULING THAT SERVICE ADVISORS ARE EXEMPT FROM OVERTIME WAGES
:
Updated:
Florida Non-Compete Clauses and Legitimate Business Interests: Customer Relationships and Goodwill
:
Updated:
FLORIDA NON-COMPETE CLAUSES AND IRREPARABLE HARM: PRESUMPTION OF IRREPARABLE HARM MAY BE REBUTTABLE IF DAMAGES ARE NOT CALCULATED
:
Updated:
FLORIDA EMPLOYMENT DISCRIMINATION DEFENSE: REQUIRING A DOCTOR’S NOTE IS NOT DISCRIMINATION OR RETALIATION
:
Updated:
FLORIDA NON-COMPETE DEFENSE: FLORIDA COURTS WILL NOT ENFORCE LIQUIDATED DAMAGES INTENDED AS A PENALTY
:
Updated:
FLORIDA TRADE SECRET LAW: PROTECTING TRADE SECRETS DURING LITIGATION
:
Updated:
FEDERAL WAGE LAW: EMPLOYER AGREEMENT FOR OVERTIME
:
Updated:
PROTECTION OF TRADE SECRETS FROM LITIGATION DISCOVERY
:
Updated:
OVERTIME WAGE LAW: INDEPENDENT CONTRACTOR VS. EMPLOYEE
:
Updated:
AVOIDING AND DEFENDING AGAINST EMPLOYMENT RETALIATION CLAIMS UNDER TITLE VII AND THE ADEA
:
Updated:
EMPLOYMENT LAW: FLORIDA’S WHISTLEBLOWER ACT
:
Updated:
TRADE SECRET MISAPPROPRIATION BY CURRENT AND FORMER EMPLOYEES IN FLORIDA
:
Updated:
FLORIDA NON-COMPETE AGREEMENTS: WHEN WILL THE COURTS MEASURE THE PERIOD OF THE INJUNCTION
:
Updated:
NON-COMPETE AGREEMENTS: HOW A BUSINESS TRANSACTION IS CHARACTERIZED CAN AFFECT THE ASSIGNABILITY OF A NON-COMPETE
:
Updated:
LABOR AND EMPLOYMENT LITIGATION: THE FARAGHER-ELLERTH AFFIRMATIVE DEFENSE SHIELDS AN EMPLOYER FROM VICARIOUS LIABILITY FOR CLAIMS OF HOSTILE WORK ENVIRONMENT UNDER TITLE VII
:
Updated:
LABOR AND EMPLOYMENT LAW: MEETING THE REQUIREMENTS FOR THE ADMINISTRATIVE EXEMPTION UNDER THE FAIR LABOR STANDARDS ACT (“FLSA”)
:
Updated:
EMPLOYMENT LAW: PREGNANCY DISCRIMINATION UNDER THE FLORIDA CIVIL RIGHTS ACT
:
Updated:
TRADE SECRET LITIGATION: MISAPPROPRIATION OF TRADE SECRETS BY A BUSINESS RIVAL
:
Updated:
FLORIDA EMPLOYMENT LAW: SEXUAL HARASSMENT UNDER THE FLORIDA CIVIL RIGHTS ACT
:
Updated:
TRADE SECRET AND NON-COMPETE LITIGATION: A BUSINESS’S CUSTOMER LIST JUSTIFYING ENFORCEMENT OF A NON-COMPETE AGREEMENT
:
Updated:
TRADE SECRET LITIGATION: INVOKING THE TRADE SECRET PRIVILEGE TO RESIST PRODUCTION DURING DISCOVERY
:
Updated:
EMPLOYMENT LITIGATION: TITLE VII HOSTILE ENVIRONMENT SEXUAL HARASSMENT CLAIM
:
Updated:
FLORIDA NON-COMPETE LITIGATION: JUDICIAL INTERPRETATIONS OF “SPECIALIZED TRAINING”
:
Updated:
FLORIDA NON-COMPETE LITIGATION: PRESUMPTION OF IRREPARABLE HARM CAN BE REBUTTED BY DEMONSTRATING ABSENCE OF INJURY
:
Updated:
NON-COMPETE AGREEMENTS (“RESTRICTIVE COVENANTS”): THE EVOLUTION OF THE LEGAL STANDARD FOR TEMPORARY INJUNCTIONS
:
Updated:
DEFENDING OVERTIME WAGE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT: THE PROFESSIONAL EXEMPTION
:
Updated:
THE FAIR LABOR STANDARDS ACT (FLSA): THE REQUIREMENTS FOR MEETING THE EXECUTIVE EXEMPTION
:
Updated:
FLORIDA NON-COMPETE LAW: NO DIRECT SOLICITATION WHEN A PATIENT VOLUNTARILY CHOOSES TO SEE A PHYSICIAN AT HIS OR HER NEW EMPLOYER
:
Updated:
FLORIDA BUSINESS LITIGATION: BUSINESS RELATIONSHIPS WITH ENTITIES SOLICITING BIDS VIA OPEN BIDDING PROCESS ARE GENERALLY NOT PROTECTED IN FLORIDA
:
Updated:
FLORIDA TRADE SECRET LAW: MISAPPROPRIATION AND BURDEN OF PROOF UNDER FLORIDA’S UNIFORM TRADE SECRETS ACT
:
Updated:
BUSINESSES CAN PROTECT THEIR TRADE SECRETS FROM DISCLOSURE BY FORMER EMPLOYEES DESPITE LACK OF A NON-COMPETE AGREEMENT
:
Updated:
FLORIDA ARBITRATION LAW: ATTACKING THE VALIDITY OF A CONTRACT DOES NOT INVALIDATE ARBITRATION PROVISIONS CONTAINED THEREIN
:
Updated:
NON-COMPETE LITIGATION: AN EMPLOYER’S VIOLATION OF THE FLSA COULD PREVENT ENFORCEMENT OF A RESTRICTIVE COVENANT CONTAINED IN AN EMPLOYMENT AGREEMENT
:
Updated:
FLORIDA NON-COMPETE LAW: INDEPENDENT CONTRACTORS ARE SUBJECT TO NON-COMPETE AGREEMENTS AND A CHANGE IN THEIR EMPLOYMENT STATUS DOES NOT AFFECT THE VALIDITY OF SUCH AGREEMENTS
:
Updated:
LABOR AND EMPLOYMENT LAW: UNSUBSTANTIATED AND SPECULATIVE ESTIMATES OF OFF THE CLOCK WORK ARE INSUFFICIENT FOR FLSA OVERTIME CLAIMS
:
Updated:
COMMERCIAL ARBITRATION: PROVISIONAL RELIEF – A LIMITED CIRCUMSTANCE WHERE COURTS CAN INTERFERE WITH ARBITRATION PROCEEDINGS
:
Updated:
NON-COMPETE AGREEMENTS CAN BE SUPPORTED BY LEGITIMATE BUSINESS INTERESTS NOT LISTED IN §542.335(B), SUCH AS PROMOTING PRODUCTIVITY AND MAINTAINING COMPETENCE
:
Updated:
BUSINESS LITIGATION: THE PRE-SUIT DEMAND REQUIREMENT FOR CORPORATE DERIVATIVE ACTIONS IN FLORIDA
:
Updated:
COMMERCIAL ARBITRATION: UNDER FLORIDA LAW, ACTIVE PARTICIPATION IN LAWSUITS WAIVES A PARTY’S RIGHT TO ARBITRATION
:
Updated:
BUSINESS LITIGATION: BUSINESS RELATIONSHIPS WITH ENTITIES SOLICITING BIDS VIA OPEN BIDDING PROCESS ARE GENERALLY NOT PROTECTED IN FLORIDA
:
Updated:
FLORIDA COURTS HAVE LIMITED AUTHORITY TO MODIFY ARBITRATION AWARDS
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Updated:
“UNCLEAN HANDS” CAN PRECLUDE ENFORCEMENT OF A NON-COMPETE COVENANT
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DISTRICT COURT OF APPEAL NON-COMPETE LAW SPLIT RESOLVED: IN HOME HEALTH CARE SERVICE INDUSTRY, REFERRAL SOURCES ARE PROTECTABLE LEGITIMATE BUSINESS INTERESTS
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FEDERAL OVERTIME WAGE COLLECTIVE ACTIONS (SOMETIMES CALLED “CLASS ACTIONS”): DISTRICT COURTS SHOULD CONSIDER ALTERNATIVES TO THE TWO-TIER SYSTEM IN SECTION 216(b) COLLECTIVE ACTIONS
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DEFENDING AGAINST OVERTIME WAGE COLLECTIVE ACTIONS (SOMETIMES CALLED “CLASS ACTIONS”): INDIVIDUALIZED NATURE OF CLAIMS CAN PREVENT COLLECTIVE ACTIONS UNDER SECTION 216(b)
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Purchasers of Businesses Should Not Rely On the Representations of the Sellers
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FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: DEFENSE AGAINST LAWSUIT USING NOERR-PENNINGTON DOCTRINE
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Members of LLC’s Should Be Prepared To Prove Discrete Harms Before Bringing A Lawsuit Against A Fellow LLC Member
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NON-COMPETE AGREEMENTS: BUSINESSES SHOULD INCLUDE THIRD-PARTY ENFORCEMENT PROVISIONS IN THEIR NON-COMPETE AGREEMENTS
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Fraud Claims Cannot Be Based on Puffery
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FLORIDA NON-COMPETE: SUPREME COURT TO RESOLVE CONFLICTING APPELLATE COURT DECISIONS
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FLORIDA NON-COMPETE ENFORCEMENT: EXTRAORDINARY OR SPECIALIZED TRAINING AS A LEGITIMATE BUSINESS INTEREST
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BUSINESS LITIGATION DEFENSE: FLORIDA LAW CLAIMS FOR FRAUD IN THE INDUCEMENT
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FLORIDA NON-COMPETE LAW: FORMER CUSTOMERS NOT PROTECTED LEGITIMATE BUSINESS INTERESTS UNLESS EXPLICITLY STATED IN THE CONTRACT
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FLORIDA CORPORATION LAW: PIERCING THE CORPORATE VEIL
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Updated:
FLORIDA NON-COMPETE DEFENSE: APPELLATE COURT REVERSES DECISION FOR FAILURE TO APPLY PRESUMPTION OF IRREPARABLE HARM
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Updated:
FLORIDA INTERNET LAW: RETAINING JURISDICTION OVER OUT OF STATE PARTIES WHO CONDUCT BUSINESS OVER THE INTERNET
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ARE YOU AN ONLINE SHOPPER? RECENT COURT CASE SUGGESTS THAT SALES AGREEMENTS SHOULD INCORPORATE TERMS AND CONDITIONS
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Am I entitled to severance pay?
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Updated:
Are temporary employees able to file discrimination claims?
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An employer cannot make decisions based on a protected characteristic. What is a protected characteristic?
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Are handshake agreements binding?
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Are there alternatives to going to court to resolve business disputes?
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Updated:
If I am pregnant, can I be fired if I had a weak or poor employment review?
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How many hours can an employer ask me to work?
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How does the EEOC resolve discrimination charges?
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How do I file a charge of discrimination?
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How are overtime hours calculated?
By
Florida Business Litigation Lawyer Blog