Florida Business Litigation Lawyer Blog

Businesses often execute non-compete agreements separate from but contemporaneously with an employment agreement. When the employment agreement contains an arbitration provision, but the non-compete agreement does not, parties can dispute whether the non-compete agreement is arbitrable. Further, it becomes more complicated if the non-compete agreement contains wording that suggests that disputes must be litigated in…

The “opposition clause” of Title VII of the Civil Rights Act of 1964 prevents covered employers from retaliating against employees because they oppose a practice which is unlawful under the Act. Accordingly, an employer can be liable for terminating an employee for complaining about allegedly discriminatory conduct. A recent en banc case with the United…

The business judgment rule can shield directors of corporations, members of limited liability companies, and associations from liability against claims of negligent management. The business judgment rule is designed to prevent courts from “Monday morning quarterbacking” the decisions made by those in control of organizations merely because the plaintiff does not like the outcome of…

Under Florida law, every contract has a duty of good faith and fair dealing. A party to a contract generally cannot subvert the very purpose of a contract through an improper exercise of its discretion. A party does not violate the duty of good faith and fair dealing, however, when the parties expressly contemplated the…

Florida and Maryland’s non-compete laws are protective of business interests in customer relationships and goodwill. Due to the advent of remote working capabilities, there are often cases when the non-compete laws of more than one state may be implicated. For example, a Florida employee may work in Florida for a company based in Maryland, and…

Employee-plaintiffs face strict deadlines when bringing discrimination claims. The 90-day deadline to file a lawsuit filing receipt of a right-to-sue letter from the EEOC can sometimes be extended if the receipt of the letter was delayed. A recent case before the United States Eleventh Circuit Court of Appeals explained that these time extensions will not…

Florida businesses seeking to protect their reputation may need to bring a lawsuit under the Lanham Act to protect their trademarks. Defendants in business litigation asserting trademark infringement sometimes defend on the grounds that the plaintiff’s trademark is “generic” and therefore cannot be protected under the Lanham Act. A recent case from the United States…

Plaintiffs may be tempted to bring as many causes of action into a legal complaint that the facts may allow. Diversity of causes of action in business litigation can provide the plaintiff with different types of remedies and help a suit endure should a legal defect arise concerning any particular cause of action. However, cases…

For a non-compete agreement to be enforceable, it must be founded on a legitimate business interest which justifies the need for the restraint on competition. A substantial relationship with customers is a common reason asserted to justify the non-compete, however, courts will often examine the exclusivity and nature of the relationship with the customer to…

An employee can make a claim of unlawful retaliation under federal and Florida anti-discrimination law when he or she complains about racial discrimination, and then is subsequently passed over for a promotion. Actually proving such a claim, however, can be extremely difficult for the employee when the employer expresses a non-discriminatory reason for refusing to…