Articles Posted in Business Law

The federal trade secret statute offers trade secret owners broad protections protecting their trade secrets. A trade secret owner may prosecute a trade secret misappropriation lawsuit against another who intends to convert a trade secret forthe economic benefit of anyone other than the owner. The statute covers those that (1) steal or attempt to steal…

Tortious interference is a common business tort. The tort is comprised of four elements. A litigant must prove the existence of a business relationship or contractual relationship under which the plaintiff has legal rights; the defendant’s knowledge of the business relationship or contractual relationship; (3) an act of the defendant amounting to an intentional and…

Disgruntled employees will sometimes sue their employer under various discrimination and retaliation claims. The recent case of Wilcox v. TMCFM, Inc., 2025 WL 2097299 (M.D. Fla., July 25, 2025) is a good example of a court adjudicating the claims in favor of the employer because the claims were unmeritorious. The Miami business litigation attorneys of…

Trade secret laws can offer broad protections for products during the conceptualization, design, test, and improvement phases when patentability is often uncertain. Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) (stating that “protections of state trade secret law are most effective at the developmental stage, before a product has been marketed…

Arbitration provisions are often heavily litigated because the issue can have significant impact on the case. Determining whether parties must arbitrate can impact a litigant’s right to a jury trial, access to the court system, and the cost of litigation. Whether a litigant is trying to compel arbitration or avoid arbitration, litigants should carefully review…

The Florida Legislature declared deceptive and unfair methods of competition and practices in trade and commerce to be unlawful under the Florida Deceptive and Unfair Trade Practices Act, or FDUTPA for short. Fla. Stat. § 501.202. FDUTPA is a powerful statute because deceptive and unfair trade practices broadly encompass many actions that occur in a…

Restrictive covenant agreements like non-compete agreements and non-solicitation agreements must be in writing. Fla. Stat. § 542.335 (“A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”). This means restrictive covenant agreements containing non-compete provisions or non-solicitation provisions are often…

Litigants should carefully consider the type of evidence they will need to establish their claims at trial because litigants can unwittingly waive their right to claim certain privileges that would otherwise protect the information from disclosure. Some privileges like the well-known attorney client privilege, protects litigants against disclosure of information shared with their counsel during…

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits unfair and deceptive trade practices in the conduct of any trade or commerce. It “is designed to protect consumers from deceptive acts that mislead consumers.” CareerFairs.com v. United Business Media LLC, 838 F. Supp. 2d 1316 (S.D. Fla., Sept. 28, 2011). “A claim for damages…

Florida’s Deceptive and Unfair Trade Practices Act, or FDUTPA for short, is a broad statute applying to many different transactions and scenarios. FDUTPA declares all unfair or deceptive acts or practices committed in the conduct of any trade or commerce unlawful. Fla. Stat. § 501.204. A trade practice is considered unfair under FDUTPA if it…