Consumers who receive an inferior product or service than what was advertised are certainly harmed by false advertising, but they may not have the incentive to sue or take action against the company issuing false advertisements. False advertising can have a far greater impact on competitors. A business that engages in false advertising can damage…
Continue reading ›It is a common mistake in trade secret litigation for the company seeking protection for its trade secrets to fail to explain what trade secrets it wishes to protect. Courts require that plaintiffs describe their trade secret with a certain degree of particularity. Failing to do that can be fatal to trade secret claims. Peter…
Continue reading ›The Families First Coronavirus Response Act (Coronavirus Response Act) was enacted to allow employees to take paid leave in certain qualifying conditions in relation to the COVID-19 pandemic. Generally, an employee may take 2 weeks of medical leave and be paid 100% of his or her salary when he or she is unable to work…
Continue reading ›When a company purchases the assets of another company, the circumstances in which the sale takes place could impact the enforceability of the seller’s non-compete agreements with its employees. For example, a 100 percent stock purchase of an active corporation will generally entitle the buyer to enforce the seller’s non-compete agreements. However, if the buyer…
Continue reading ›Often, a member of a limited liability company can sue another member for a breach of an operating agreement in a corporate “derivative action” rather than in a “direct action” against the other member. This is because the victim is often the limited liability company, not the individual member. Aggrieved members of limited liability companies…
Continue reading ›A shareholder wishing to file a derivative suit must generally present that dispute to the board of directors with a demand prior to filing a shareholder’s derivative suit. The way that this demand process works can vary between the states and can ultimately determine whether a shareholder is able to proceed with a lawsuit. A…
Continue reading ›Businesses seeking to enforce their non-compete agreements often need to seek a temporary injunction to prevent irreparable harm. Non-compete law is unique because the moving party does not need to provide evidence quantifying the amount of possible damages in order to show irreparable harm. Under Florida law, the business instead needs to allege that immeasurable…
Continue reading ›A company that successfully has its mark registered with the USPTO does not have immunity from other trademark owners claiming infringement. A trademark owner with a higher priority may nevertheless sue under the Lanham act if it can show that there is a “likelihood of confusion” between the two marks. Peter Mavrick is a Miami…
Continue reading ›The Families First Coronavirus Response Act (CARES Act) requires that employers permit their employees to have paid leave in certain circumstances related to the COVID-19 pandemic. While the FFCRA is mandatory for qualifying businesses, the burden of this law is offset because employers receive a dollar-for-dollar tax credit for the wages paid pursuant to the…
Continue reading ›Disgruntled purchases of goods or services may later claim fraud by asserting that they relied on untrue statements made by the selling company when deciding to make the purchase. However, a purchaser generally may not rely on a statement that qualifies as “puffery.” A statement is puffery if it is merely a statement of opinion…
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