Florida Business Litigation Lawyer Blog

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…

Businesses in highly competitive industries often create and maintain highly confidential business information and trade secrets. Businesses spend substantial amounts of money curating this confidential information. To protect this investment, businesses must take steps to ensure the continued secrecy of its confidential information, such as limiting access and requiring employees with access to sign confidentiality…

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…

Pursuant to Section 542.335, Florida Statutes, a non-compete agreement must be in a writing signed by the party against whom enforcement is sought. Businesses often enter agreements with their employees for specified period with an option to renew. Courts have found that written agreements can be extended beyond their expiration dates when the parties agree…

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…

When a party to a non-compete agreement no longer provides services in that particular “line of business,” they may no longer have a legitimate business interest preventing the other party from competing. However, discontinuance from servicing a specific demographic of customers does not necessary constitute the fact that a party may no longer offer services…

Sometimes, an employment relationship can become acrimonious. A disgruntled employee is more likely to complain and more likely to fail to perform work. As a result, some terminated employees try to assert that the loss of their employment was not their performance or attitude but instead because of unlawful retaliation. In lawsuits accusing the employer…

Arbitration can provide Florida businesses with a swift and less costly resolution to a dispute in comparison to litigation. Arbitration generally benefits the party accused of wrongdoing more than the plaintiff. Accordingly, a plaintiff will usually have the incentive to try to find a way to avoid the application of an arbitration clause while a…

Florida law concerning a claim of civil theft is a double-edged sword. A company that prevails on a business litigation claim of civil theft can be awarded treble damages and attorneys’ fees. However, a company claiming civil theft risks having to pay the opposing side’s attorney’s fees for failure to prove the required element of…