Florida Business Litigation Lawyer Blog

Contracts with covenants not to compete will typically address the anticipated damages that could occur from an employee’s breach of the agreement. When a contract contains a damages provision that is designed for the sole purpose of penalizing the employee from breaking his or her promise, it may be unenforceable. Peter Mavrick is a Palm…

A temporary injunction is often an effective protection for to prevent an adversary from using stolen trade secrets, such as a customer list. Peter Mavrick is a Fort Lauderdale trade secret lawyer who represents businesses in trade secret litigation. In the case of I.C. Systems, Inc. v. Oliff, 824 So. 2d 286 (Fla. 4th DCA…

Managing overtime is a constant struggle for many businesses especially when the employee’s duties necessitate irregular work hours or the typical work shift simply cannot be anticipated with reasonable certainty. Businesses that require on-call services can very easily find themselves paying an excessive amount of overtime to meet the demands of their clients with diminishing…

Businesses often envision that litigation over trade secrets will generally involve a direct lawsuit by or against a person or company that steals or divulges such information in violation of a position of trust. However, trade secrets can come under attack by way of a discovery requests in litigation where the owner of the trade…

Under the federal overtime wage law, i.e., the Fair Labor Standards Act (“FLSA”), it is not always clear whether the law considers someone an “employee,” and it is not always clear who the law considers someone’s “employer.” Some people, for example, perform services for others while remaining self-employed as independent contractors. Different laws construe the…

Employers are faced with tough decisions every day with regard to their employees that could significantly affect the operation of their business. Such decisions include hiring the right employees, firing problematic employees, choosing which employees should be promoted, and decisions concerning demotion of employees. Employers have to be especially careful when making adverse employment decisions,…

Florida’s private employer whistleblower act was enacted to protect employees from retaliation when they object to, refuse to participate in, or report certain unlawful or allegedly activities. Peter Mavrick is a Fort Lauderdale employment lawyer who has extensive experience in successfully defending employers accused of retaliation. In Juarez v. New Branch Corp., 67 So. 3d…

Trade secrets are a form of intellectual property that are maintained in secrecy. There is no bright line rule that the courts use to determine whether an employee should be enjoined from utilizing a corporation’s trade secrets. The courts must first determine whether the information in question constitutes a trade secret. Courts also look to…

If an employer can successfully meet their burden and establish the necessary elements for a valid non-compete agreement, the court will likely grant an injunction to protect the employer’s legitimate business interests. The injunction will only be granted if it is determined that the former employee breached the valid non-compete agreement. Once this is determined,…

Non-compete agreements serve to protect an employer’s business interests and prevent employees from engaging in unfair competition. When a business sells its assets, merges with another company, or dissolves entirely, the ability to assign a non-compete agreement is affected differently. Peter Mavrick is a Fort Lauderdale non-compete lawyer who has extensive experience dealing with non-compete…