Articles Posted in Business Litigation

Companies in business litigation often want to sue persons who make slanderous statements or outright lies about them during legal proceedings. Under Florida’s absolute litigation privilege, a defendant may slander and lie and still be absolutely immune from a later lawsuit for defamation, tortious interference with a business relationship, and some other causes of action,…

Discovery is a powerful tool in litigation which can be used to acquire information necessary to resolve the case. However, the discovery process is susceptible to abuse. Parties can request material that is not necessary, simply to increase the costs for their adversary or expose private or embarrassing information. Whether financial discovery should be ordered…

A person or company must have standing (the legal right to assert a claim) to file a lawsuit at the commencement of the case. In other words, a party cannot file a lawsuit based on a contract until it has been assigned those contractual rights. Businesses often have multiple corporate entities that act interchangeably, however,…

Employees sometimes raid their employer’s trade secrets prior to quitting so that they may have an advantage starting up their own business or in their employment with a competitor. An aggrieved employer may sue under the Florida Uniform Trade Secrets Act (FUTSA) to recover those trade secrets and for any damages arising from the theft…

Florida companies should always consider the risk that a business litigation defendant will attempt to avoid paying an adverse money judgment through bankruptcy proceedings. While bankruptcy protection is usually invoked by people and companies that are genuinely insolvent, bankruptcy protection can also be abused by cunning defendants to avoid paying adverse judgments. Claims which are…

Businesses often include provisions in their contracts which require any disputes to be resolved in arbitration. Under Florida law, there are very narrow circumstances where a court may interfere with the arbitrator’s decision. Common arbitration errors that occur in business litigation include due process errors, errors in application of a legal standard, fraud, partiality of…

Business litigation between competitors often involves discovery of information that may be subject to trade secret protection. Parties will often enter stipulations for confidentiality orders to protect the information from third-party disclosure, however that may not protect a business from the damage caused by their competitor’s access to that information. Businesses must ensure that trial…

Florida law permits a business to seek an injunction when its trade secrets have been misappropriated. This can be a deceptively complex process for companies that are not familiar with trade secret law. To prevail on a motion for a temporary injunction, a plaintiff must not only show that what was taken qualifies as a…

Arbitration is a method of dispute resolution which can provide a speedy and less costly resolution to disputes. Arbitration is often preferred by the party who is a defendant on the belief that arbitration is better strategically. The speedier resolution of arbitration does not come without a cost. A party to an arbitration aggrieved by…

Arbitration is a method of dispute resolution which parties may agree to through a pre-dispute contract. Often, a plaintiff will attempt to avoid the contractual agreement to arbitration because the plaintiff believes that arbitration puts him or her at a strategic disadvantage. A plaintiff may argue that he or she did not have the capacity…