:
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: AMBIGUOUS CONTRACTUAL TERMS CAN DEFEAT ENFORCEMENT ACTIONS
:
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
:
Updated:
“UNCLEAN HANDS” CAN PRECLUDE ENFORCEMENT OF A NON-COMPETE COVENANT
:
Updated:
DISTRICT COURT OF APPEAL NON-COMPETE LAW SPLIT RESOLVED: IN HOME HEALTH CARE SERVICE INDUSTRY, REFERRAL SOURCES ARE PROTECTABLE LEGITIMATE BUSINESS INTERESTS
:
Updated:
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
:
Updated:
DEFENDING AGAINST OVERTIME WAGE COLLECTIVE ACTIONS (SOMETIMES CALLED “CLASS ACTIONS”): INDIVIDUALIZED NATURE OF CLAIMS CAN PREVENT COLLECTIVE ACTIONS UNDER SECTION 216(b)
:
Updated:
Purchasers of Businesses Should Not Rely On the Representations of the Sellers
:
Updated:
FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: DEFENSE AGAINST LAWSUIT USING NOERR-PENNINGTON DOCTRINE
:
Updated:
Members of LLC’s Should Be Prepared To Prove Discrete Harms Before Bringing A Lawsuit Against A Fellow LLC Member
:
Updated:
NON-COMPETE AGREEMENTS: BUSINESSES SHOULD INCLUDE THIRD-PARTY ENFORCEMENT PROVISIONS IN THEIR NON-COMPETE AGREEMENTS
:
Updated:
Fraud Claims Cannot Be Based on Puffery
:
Updated:
FLORIDA NON-COMPETE: SUPREME COURT TO RESOLVE CONFLICTING APPELLATE COURT DECISIONS
:
Updated:
FLORIDA NON-COMPETE ENFORCEMENT: EXTRAORDINARY OR SPECIALIZED TRAINING AS A LEGITIMATE BUSINESS INTEREST
:
Updated:
BUSINESS LITIGATION DEFENSE: FLORIDA LAW CLAIMS FOR FRAUD IN THE INDUCEMENT
:
Updated:
FLORIDA NON-COMPETE LAW: FORMER CUSTOMERS NOT PROTECTED LEGITIMATE BUSINESS INTERESTS UNLESS EXPLICITLY STATED IN THE CONTRACT
:
Updated:
FLORIDA CORPORATION LAW: PIERCING THE CORPORATE VEIL
:
Updated:
FLORIDA NON-COMPETE DEFENSE: APPELLATE COURT REVERSES DECISION FOR FAILURE TO APPLY PRESUMPTION OF IRREPARABLE HARM
:
Updated:
FLORIDA INTERNET LAW: RETAINING JURISDICTION OVER OUT OF STATE PARTIES WHO CONDUCT BUSINESS OVER THE INTERNET
:
Updated:
ARE YOU AN ONLINE SHOPPER? RECENT COURT CASE SUGGESTS THAT SALES AGREEMENTS SHOULD INCORPORATE TERMS AND CONDITIONS
:
Updated:
Am I entitled to severance pay?
:
Updated:
Are temporary employees able to file discrimination claims?
:
Updated:
An employer cannot make decisions based on a protected characteristic. What is a protected characteristic?
:
Updated:
Are handshake agreements binding?
:
Updated:
Are there alternatives to going to court to resolve business disputes?
:
Updated:
If I am pregnant, can I be fired if I had a weak or poor employment review?
:
Updated:
How many hours can an employer ask me to work?
:
Updated:
How does the EEOC resolve discrimination charges?
:
Updated:
How do I file a charge of discrimination?
:
Updated:
How are overtime hours calculated?
:
Updated:
How are business disputes handled?
:
Updated:
Do workers who receive tips also qualify for a minimum wage?
:
Updated:
Do managers have to be paid overtime?
:
Updated:
Do employees have to be paid for travel time?
:
Updated:
Do all employees need to have employment agreements?
:
Updated:
Can my employer hold my final paycheck until I return company equipment?
:
Updated:
Can I do anything about untrue statements that my former employer made about me to a potential employer?
:
Updated:
Can a company require an employee to arbitrate employment claims post-hire?
:
Updated:
Are there ever any exceptions to being an employee at-will?
:
Updated:
Are all employers covered under the Fair Labor Standards Act (FLSA)?
:
Updated:
Are non-compete agreements always enforceable?
:
Updated:
WHAT ARE FALSE CLAIMS OR QUI TAM LAWS?
:
Updated:
WHO IS A SIMILARLY SITUATED EMPLOYEE?
:
Updated:
WHO CAN FILE A CHARGE OF DISCRIMINATION?
:
Updated:
WHEN CAN AN INDIVIDUAL FILE AN EMPLOYMENT DISCRIMINATION LAWSUIT AND WHAT ARE THE REMEDIES?
:
Updated:
WHAT KINDS OF DAMAGES CAN BE AWARDED IN A BREACH OF CONTRACT LAWSUIT?
:
Updated:
WHAT TYPES OF DISCRIMINATION ARE PROHIBITED UNDER THE ADEA?
:
Updated:
WHAT LAWS PROTECT WHISTLEBLOWERS?
:
Updated:
WHAT IS THE FAITHLESS SERVANT DOCTRINE?
:
Updated:
WHAT IS PIERCING THE CORPORATE VEIL?
:
Updated:
WHAT IS VICARIOUS LIABILITY?
:
Updated:
WHAT IS SEVERANCE PAY?
:
Updated:
WHAT IS AN UNLAWFUL EMPLOYMENT DISCRIMINATION?
:
Updated:
WHAT IS THE LEGAL NAME OF A BUSINESS?
:
Updated:
WHAT IS THE FAMILY AND MEDICAL LEAVE ACT FMLA?
:
Updated:
WHAT IS THE FAIR LABOR STANDARDS ACT (FLSA)?
:
Updated:
WHAT IS THE DIFFERENCE BETWEEN AN INDEPENDENT CONTRACTOR AND AN EMPLOYEE?
:
Updated:
WHAT IS A FRAUDULENT INDUCEMENT?
:
Updated:
WHAT IS DETRIMENTAL RELIANCE
:
Updated:
WHAT IS CONSIDERED OVERTIME?
:
Updated:
WHAT IS AN EMPLOYEE’S DUTY OF LOYALTY TO THE EMPLOYER?
:
Updated:
WHAT IS A WHISTLEBLOWER?
:
Updated:
What is a trade secret and what are an employee’s obligations?
:
Updated:
WHAT IS A LEASE GUARANTEE?
:
Updated:
What is a non-compete clause?
:
Updated:
What is a non-solicitation agreement?
:
Updated:
WHAT IS A PROTECTED CLASS?
:
Updated:
What is a registered agent?
:
Updated:
WHAT IS A SHAREHOLDER DERIVATIVE LAWSUIT?
:
Updated:
WHAT IS A FIDUCIARY DUTY?
:
Updated:
WHAT IS A FICTITIOUS NAME?
:
Updated:
WHAT IF BOTH STATE AND FEDERAL LAWS REGULATE MY CLAIM OF DISCRIMINATION?
:
Updated:
WHAT IF MY EMPLOYER RETALIATES AGAINST ME FOR FILING A CLAIM OF DISCRIMINATION?
:
Updated:
WHAT INFORMATION MUST I PROVIDE IF I FILE A CHARGE OF DISCRIMINATION?
:
Updated:
WHAT IS A BREACH OF IMPLIED COVENANT?
:
Updated:
WHAT IS A COVENANT NOT TO COMPETE?
:
Updated:
WHAT GROUPS OR CLASSES OF PEOPLE RECEIVE PROTECTION UNDER THE EMPLOYMENT DISCRIMINATION LAWS?
:
Updated:
What employers are covered by the ADEA?
:
Updated:
IS THERE A DEADLINE FOR BRINGING AN EMPLOYMENT-RELATED CLAIM?
:
Updated:
IS MY EMPLOYER REQUIRED TO PAY ME FOR SICK DAYS, PERSONAL DAYS, AND HOLIDAYS?
:
Updated:
IS IT LEGAL FOR MY EMPLOYER TO FORCE ME TO STAY LATER THAN MY SCHEDULE SAYS?
:
Updated:
MUST ALL EMPLOYERS COMPLY WITH ALL OF THE CIVIL RIGHTS LAWS AND PROTECTIONS AGAINST DISCRIMINATION?
:
Updated:
MY BUSINESS WAS SUED. WHAT DO I DO?
:
Updated:
WHAT ARE BUY-SELL AGREEMENTS?
:
Updated:
WHAT ARE LIQUIDATED DAMAGES?
:
Updated:
What are the components of a written contract?
:
Updated:
WHAT ARE THE ELEMENTS OF A CONTRACT?
:
Updated:
What are the laws that protect people from employment discrimination?
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What are trade secrets and how are they protected?
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What is the definition of a salaried employee?
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What can I do if my company refuses to pay severance pay?
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What damages can I get in a severance pay case?
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What deductions can be made from an employee’s wages?
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What discriminatory practices are prohibited by the employment discrimination laws?
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What do employment-at-will and for cause mean?
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What does due diligence mean?
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What does interference with contractual relations mean?
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What does it mean to be discriminated against at work?
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What is the Family and Medical Leave Act (FMLA)?
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Is it ever acceptable for an employer to consider someone’s disability during the hiring process?
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Is either the employer or the employee required to give notice of termination?
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If I get laid off and a younger employee is kept, is that discrimination?
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If I blow the whistle against my company, will I lose my job?
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WHAT IS A QUI TAM ACTION?
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FLORIDA LAW ON NON-COMPETITION COVENANTS: REWRITING CONTRACTUAL TERMS
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FLORIDA LAW ON NON-COMPETITION COVENANTS: THE REQUIREMENT THAT COVENANTS BE READ IN FAVOR OF REASONABLE PROTECTION
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DEPENDENT RELATIVE REVOCATION: THE DOCTRINE OF REVIVING REVOKED WILLS
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UNLICENSED CONTRACTORS CANNOT ENFORCE CONSTRUCTION CONTRACTS BUT COULD BE LIABLE UNDER THOSE CONTRACTS
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FRANCHISOR’S LIABILITY FOR FRANCHISEE ACTIONS
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USING A WILL TO FORGIVE DEBT
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SPENDTHRIFT TRUSTS AND DISCRETIONARY TRUSTS: PROTECTING TRUST ASSETS FROM CREDITORS
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PROPERLY DRAFTING A WILL: TRUE INTENT VS. INTENT STATED IN THE WILL
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CONTRACT PROVISIONS FOR ATTORNEY’S FEES: FLORIDA’S RECIPROCITY LAW AND THE AMERICAN RULE
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FLORIDA COURT HOLDS THAT THE RENUNCIATION RULE DOES NOT APPLY TO SELF-SETTLED TRUSTS
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RESTRICTIVE PERSONAL COVENANTS VS. RESTRICTIVE REAL COVENANTS
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BACKGROUND CHECKS & COMPLIANCE: WORKER’S COMPENSATION CLAIMS
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BACKGROUND CHECKS & COMPLIANCE: CRIMINAL RECORDS
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BACKGROUND CHECKS & COMPLIANCE: FAIR CREDIT REPORTING ACT
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SUCCESSOR CORPORATIONS COULD BE LIABLE FOR PREDECESSORS’ FEDERAL WAGE LAW VIOLATIONS
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FLORIDA SUPREME COURT RULES ON PREGNANCY DISCRIMINATION
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RETALIATION CLAIMS UNDER THE FEDERAL WAGE LAW
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“INDEPENDENT CONTRACTOR” VS. “EMPLOYEE” UNDER THE FAIR LABOR STANDARDS ACT
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FLORIDA LAW ON NON-COMPETITION COVENANTS AND CHOICE OF LAW PROVISIONS
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OVERTIME WAGE LAW: EMPLOYEES WORKING FROM HOME
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UNPAID OVERTIME: THE RETAIL SERVICE COMMISSION EXCEPTION AND TIPPED EMPLOYEES
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ARBITRATION AGREEMENTS AND THE FLSA: THE EFFECT OF FEE-SPLITTING AND FEE-SHIFTING PROVISIONS
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RECENT FLORIDA CASE REVERSES TRIAL JUDGE REGARDING “INDEPENDENT” NON-COMPETITION COVENANT
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PROPERLY DRAFTING A WILL TO DEVISE TRUST ASSETS
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RECENT DEVELOPMENTS REGARDING HOLOGRAPHIC WILLS UNDER FLORIDA LAW
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NON-COMPETITION COVENANTS: THE EFFECT OF STOCK PURCHASES, MERGERS, AND ASSET PURCHASES UNDER FLORIDA LAW
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FLORIDA LAW ON NON-COMPETITION COVENANTS AND TRADE SECRETS
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AUGUST 2013 MAVRICK LAW FIRM TRIAL VICTORY
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ADMITTING PUBLIC RECORDS INTO EVIDENCE AT TRIAL
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PERSONAL USE OF ELECTRONIC EQUIPMENT IN THE WORKPLACE
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CUSTOMER RELATIONSHIPS AS TRADE SECRETS
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PRIVACY RIGHTS IN AN EMPLOYEE’S PERSONNEL FILE
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SUCCESSFULLY USING BUSINESS RECORDS AT TRIAL
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APRIL 2013 TRIAL VICTORY FOR MAVRICK LAW FIRM CLIENT
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FLORIDA LAW CONCERNING AN EMPLOYER’S JOB REFERENCE IMMUNITY
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RECENT CASE HOLDS PREGNANCY IS NOT A “DISABILITY” UNDER THE AMERICANS WITH DISABILITIES ACT
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PERSONAL LIABILITY FOR A CORPORATION’S OBLIGATIONS UNDER FLORIDA LAW: “PIERCING THE CORPORATE VEIL”
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MARCH 2013 TRIAL VICTORY FOR PETER T. MAVRICK’S CLIENT
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Employer Rights and Responsibilities under the Family and Medical Leave Act
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Recent Amendments to Federal and State Labor & Employment Laws
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The Risks Associated with Hiring Illegal Aliens
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Is it Legal for Employers to Request Employees’ Social Media Network Passwords?
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Non-Compete Agreements Continue to Evolve in Florida
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Breach of Business Contract Claims & Commonly Raised Defenses
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What Constitutes a Breach of Warranty?
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Preventing Commercial Lease Issues in Florida
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Employer Rights Under Florida’s Uniform Trade Secrets Act
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Legal Issues Involving Shareholder Disputes
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The Legalities Surrounding the Removal of a Business Partner
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Defending Against Employee Wage and Hour Claims
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Avoiding Racial Discrimination Claims in the Workplace
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Fighting Back Against Pregnancy Discrimination Claims
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Steps Employers Should Take When Accused of Sexual Harassment
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Defending Against Workers’ Compensation Discrimination Claims
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Minimum Wage and Overtime: What Employers Should Know
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Defending Against Employee Discrimination Suits
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Legal Issues Arising from Covenants and Agreements Not to Compete
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Paying Overtime: What Employers Need to Know
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PETER T. MAVRICK’S CLIENT PREVAILS IN ARBITRATION
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RECENT TRIAL VICTORY FOR PETER T. MAVRICK’S CLIENT
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PETER T. MAVRICK’S CLIENT RECENTLY WINS SIX-DAY JURY TRIAL
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FEDERAL APPELLATE COURT OVERRULES EMPLOYER’S ARGUMENT THAT ILLEGAL ALIENS WERE NOT EMPLOYEES UNDER OVERTIME WAGE LAW
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EMPLOYER PREVAILS BEFORE FLORIDA UNEMPLOYMENT APPEALS COMMISSION
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FLORIDA APPELLATE COURT REVERSES NON-COMPETITION INJUNCTION
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RECENT FLORIDA APPELLATE CASE HOLDS NON-COMPETE COVENANT NOT NECESSARILY INVALIDATED BY FAILURE TO PAY WAGES
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ATTORNEY PETER T. MAVRICK OBTAINS DISMISSAL OF RACE DISCRIMINATION/HARASSMENT CASE
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EMPLOYEE WINS CASE BECAUSE EMPLOYER DID NOT ASSERT ITS DEFENSE ON TIME
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ELEVENTH CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR SHUTTLE COMPANY’S DEFENSE TO OVERTIME WAGE CASE
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FOURTH DCA OVERRULES WORK PRODUCT OBJECTIONS TO CONTENTION INTERROGATORIES
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ATTORNEY PETER MAVRICK SUCCESSFULLY DEFENDS NON-COMPETITION COVENANT CASE
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ATTORNEY PETER MAVRICK SUCCESSFULLY DEFENDS COMPANY
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ATTORNEY PETER MAVRICK SUCCESSFULLY DEFENDS CASE SEEKING PREJUDGMENT WRIT
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ATTORNEY PETER MAVRICK RECENTLY SUCCESSFULLY REPRESENTED A MIAMI CORPORATION
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ATTORNEY PETER MAVRICK RECENTLY RECOVERS FOR SUBCONTRACTOR
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ATTORNEY PETER MAVRICK DEFENDED COMPANY IN TRADE SECRET CASE
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ATTORNEY PETER MAVRICK DEFENDED COMPANY ADVERTISING LAWSUIT
Florida Business Litigation Lawyer Blog