Articles Posted in Business Law

MIAMI BUSINESS LITIGATION: CONSTRUCTIVE TRUSTS – A BUSINESS LITIGATION REMEDY
Mavrick Law Firm

A constructive trust can be a useful remedy in certain business disputes in Florida. If property is wrongfully taken from a business, the remedy of constructive trust can make the person holding the property the “constructive trustee” for the property. Constructive trust is an equitable remedy “with the dual objectives of restoring property to its…

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MIAMI BUSINESS LITIGATION: REASONABLE MEASURES TO PROTECT TRADE SECRETS
Mavrick Law Firm

According to the Florida Uniform Trade Secrets Act (FUTSA), business information must be secret to qualify as a trade secret. FUTSA defines trade secrets as “information . . . that [d]erives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic…

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FORT LAUDERDALE BUSINESS LITIGATION: RESTRICTIVE COVENANT DURATIONS
Mavrick Law Firm

            Businesses often rely on restrictive covenants to protect their sensitive business information and to protect themselves from unfair competition. Businesses often require employees to sign non-compete agreements and employee confidentiality agreements to accomplish these goals. Businesses also often include similar provisions when they purchase all or part of another business. A purchaser will include…

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MIAMI BUSINESS LITIGATION: UNUSUAL BUSINESS DISPUTE DEFENSES
Mavrick Law Firm

The defenses of unclean hands and in pari delicto are useful in commercial and business disputes.  These are similar defenses that arise when the party bringing the lawsuit possesses a level of fault or guilt. Unclean hands and in pari delicto can be applied in business disputes under certain circumstances to prevent an actor from…

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FORT LAUDERDALE BUSINESS LITIGATION: RECOVERING THE COMPANY’S STOLEN PROPERTY
Mavrick Law Firm Team

A cause of action for replevin is a valuable tool to recover property that is wrongfully retained by another. For businesses, replevin can be useful in recovering company property that a former employee or business partner wrongfully possesses and refuses to return. “[R]eplevin is a possessory statutory action at law in which the main issue…

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FORT LAUDERDALE BUSINESS LITIGATION: AN ALTERNATIVE TO A BREACH OF CONTRACT CLAIM
Mavrick Law Firm Team

It is common for businesses to enter into vendor-customer relationships with other business. One business might regularly purchase a product or service with another business. In exchange, the vendor will periodically invoice the customer for the product or service. If the customer stops paying the invoices, or otherwise accumulates a large debt in arrears, Florida…

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MIAMI BUSINESS LITIGATION: RECOVERING DAMAGES FROM A PARTY OUTSIDE THE LAWSUIT
Mavrick Law Firm Team

Indemnity is an important tool for businesses to cover their expenses in litigation should the need arise. Indemnity is a duty to cover the losses, damages, or liability of another. A claim for indemnity often arises when a party is forced to litigate a matter due to the actions of another party. You can imagine…

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FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE BAN IN APPELLATE COURT
Mavrick Law Firm Team

The Federal Trade Commission’s rule banning most non-compete agreements is now before a federal appellate court. On May 7, 2024, the FTC proposed a rule that would have banned most non-compete agreements. This rule would have substantially impacted many businesses because non-compete agreements are used to prohibit employees from using the company’s information to compete…

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DEFENDING FLORIDA EMPLOYERS: TITLE VII AND ADVERSE EMPLOYMENT ACTION
Mavrick Law Firm Team

Many employers attempt to comply with Title VII of the Civil Rights Act of 1964 (Title VII) and treat all employees equally based on their protected statuses. Title VII prohibits employers from discriminating against employees based on race, color, sex, religion, and national origin. Notwithstanding, employers sometimes have to contend with unmeritorious Title VII lawsuits…

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FORT LAUDERDALE BUSINESS LITIGATION: CONTRACT DISPUTE FROM SALE OF BUSINESS
Mavrick Law Firm Team

Purchasing a business can be a complicated matter. Multiple documents such as contracts promissory notes, and financial schedules may can obligate the parties in different ways during the sales process. Sometimes a business sale goes bad. Maybe the buyer or seller wants to back out or a party does not comply with its contractual obligations.…

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For years, Mr. Mavrick has provided sound advice to my business and he provided excellent representation in a business lawsuit. He is highly responsive and his legal knowledge, skill, and advice are excellent.

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Peter Mavrick successfully defended my company and me in a non-competition covenant lawsuit that sought an injunction that would have effectively shut down my business. Mr. Mavrick energetically handled the case like it was his own. He got the case dismissed with no liability and saved the business...

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