Florida Business Litigation Lawyer Blog

As discussed in prior articles, Florida’s Non-Competition Covenant Statute, § 542.335, permits covenants restraining competition so long as the restrictive covenant meets certain statutory requirements. One of the statutory requirements is that the party seeking to enforce the restrictive covenant must “plead and prove the existence of one or more legitimate business interests justifying the…

Fraud in the inducement is a common cause of action in business litigation. It typically involves a plaintiff alleging a contract he or she entered into with a defendant is not enforceable due to some misrepresentation or omission made by the defendant, which the plaintiff relied upon, inducing him or her to enter into the…

An employer can protect its relationships former clients by establishing that an ongoing business relationship exists with the past client, or by presenting competent and substantial evidence to prove the existence of a substantial relationship within the meaning of § 542.335, Florida Statutes. Under Florida law, the key issue is that the court will view…

Incorporating a business or forming a limited liability company (LLC) are both very smart decisions for business owners. While each one has its own individual benefits, both allow a business owner to protect his or her personal assets in case someone sues their business. However, sometimes individuals or businesses will form a corporation or LLC…

Florida’s Non-Compete Covenant Statute, section 542.335, establishes certain requirements for covenants restraining competition, and once such statutory requirements are met, the restrictive covenant becomes enforceable. Section 542.335(1)(j) allows restrictive covenants to be enforced through a temporary injunction, which, pursuant to Rule 1.610(a)(1)(A) of the Florida Rules of Civil Procedure, may be granted only if “it…

Businesses that conduct online commerce with Florida residents should be prepared to litigate disputes arising out of their transactions in Florida. The Fourth District Court of Appeal has described the interplay of the internet and assessments of specific and general jurisdiction as “a confusing area of the law that is mainly scattered across the federal…

Sellers who want to protect themselves from being sued by disgruntled customers should carefully design their websites to validly incorporate the terms and conditions that they would like to impose in the transaction. The validity of an online seller’s “terms and conditions” is critical to determine the rights and obligations of the seller and buyer…

Typically no employee is entitled to severance pay unless there is a contractual obligation during the employment relationship where the employer and the employee had agreed that earlier in the relationship that when the relationship ends the employee is entitled to a certain amount of severance.

The Temporary employees can file discrimination claims, but only certain types of discrimination claims. Some claims require a certain period of employment for the employee to bring the claim. In other words, they had to be with the employer for a certain period of time to be able to have rights under that. An example…

A protected characteristic would include things such as the age of the person or their gender or their race or their ethnicity. Those are factors that the low considers to be typically irrelevant to whether a person is really doing a good job. Most employers aren’t going to be interested in what the person’s race…