Articles Posted in Business Litigation

Defamation is a tort that is sometimes asserted in commercial disputes. Litigants asserting defamation must prove “the defendant published a false statement[ ] about the plaintiff[ ] to a third party[ ]  and [that false] statement caused injury to [the plaintiff]” to be successful. Alan v. Wells Fargo Bank, N.A., 604 Fed. App’x 863 (11th…

The outcome of a lawsuit can be determined by the applicable law. Parties to a contract can choose which state’s laws apply to the execution of the contract by using a choice of law provision. Many contracts contain choice of law provisions, but few contracting parties think critically about the ramifications for selecting the application…

Restrictive covenant non-compete agreements are typically associated with an employer/employee relationship. An employer usually requires its employees to execute restrictive covenant agreements to protect its trade secrets, customers, vendors, and goodwill. However, the employer/employee relationship is not the only context a restrictive covenant can be used. Non-compete agreements and similar restrictive covenant agreements can also…

Trade secret owners often face a dilemma when debating whether to prosecute a lawsuit against another for trade secret misappropriation. The trade secret owner can bring the lawsuit and risk exposing the trade secret even more in the court proceeding. Conversely, the trade secret owner can refrain from bringing the lawsuit to prevent exposure in…

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…