Florida Business Litigation Lawyer Blog

SPENDTHRIFT TRUSTS AND DISCRETIONARY TRUSTS: PROTECTING TRUST ASSETS FROM CREDITORS
Mavrick Law Firm Team

A spendthrift trust protects the trust assets against most creditors. To be valid under Florida law, a spendthrift trust must restrain both voluntary and involuntary transfers of the beneficiary’s interest. In other words, one cannot validly set up a trust to keep creditors out while simultaneously allowing the beneficiary to freely transfer his interest in…

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PROPERLY DRAFTING A WILL: TRUE INTENT VS. INTENT STATED IN THE WILL
Mavrick Law Firm Team

In interpreting a will, Florida law holds that the intention of the testator is the controlling factor in the analysis. However, Florida law also provides that the testator’s intention should be gleaned from the four corners of the will. Aldrich v. Basile, 2014 Fla. LEXIS 1027, at *12 (Fla. Mar. 27, 2014) (“The testator’s intention…

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CONTRACT PROVISIONS FOR ATTORNEY’S FEES: FLORIDA’S RECIPROCITY LAW AND THE AMERICAN RULE
Mavrick Law Firm Team

The “American rule” holds that each party to a lawsuit will pay for his or her own attorney’s fees regardless of who prevails in the case. Unless a statute or contractual provision says otherwise, Florida courts will apply the American rule. For that reason, contracts oftentimes contain provisions stating that if litigation arises under the…

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FLORIDA COURT HOLDS THAT THE RENUNCIATION RULE DOES NOT APPLY TO SELF-SETTLED TRUSTS
Mavrick Law Firm Team

Under Florida law, if a person wishes to contest the validity of a legal instrument, i.e., a will or trust, he or she cannot simultaneously benefit from that instrument. The “renunciation rule” requires that an individual challenging the validity of a legal instrument return the payments or benefits that he or she received under that…

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RESTRICTIVE PERSONAL COVENANTS VS. RESTRICTIVE REAL COVENANTS
Mavrick Law Firm Team

Generally, under Florida statutory law, restrictive covenants, e.g., non-competition covenants, must be signed by the person against whom the covenant will be enforced. A restrictive covenant cannot be enforced against an individual who did not sign the restrictive covenant. In Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007), Winn-Dixie…

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BACKGROUND CHECKS & COMPLIANCE: WORKER’S COMPENSATION CLAIMS
Mavrick Law Firm Team

Some employers might wish to know whether a job applicant or current employee previously filed worker’s compensation claims. At first glance, such information might seem relevant and even useful to employers. For example, an employer in an accident-prone industry might want to know if the job applicant has a history of repeatedly filing worker’s compensation…

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BACKGROUND CHECKS & COMPLIANCE: CRIMINAL RECORDS
Mavrick Law Firm Team

Under Florida law, employers could face civil liability for the harm an employee causes to a third party. For that reasons, employers might wish to conduct a thorough investigation of a job applicant’s or current employee’s criminal record. According to federal guidelines, however, federal law could impose liability on employers who base their employment decisions…

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BACKGROUND CHECKS & COMPLIANCE: FAIR CREDIT REPORTING ACT
Mavrick Law Firm Team

Background checks can be a valuable tool for employers. A thorough background check can shield an employer from future liability. However, both federal and state law place limits on what the employer can lawfully do regarding background checks. One such federal law is the Fair Credit Reporting Act (“FCRA”). An employer who wishes to know…

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SUCCESSOR CORPORATIONS COULD BE LIABLE FOR PREDECESSORS’ FEDERAL WAGE LAW VIOLATIONS
Mavrick Law Firm Team

Under Florida law, a corporation that acquires the assets of another corporation generally does not assume the liabilities of the predecessor corporation. The successor corporation will acquire its predecessor’s liabilities only to the extent it agreed to acquire those liabilities in the asset purchase agreement. Many states have similar laws regarding a successor corporation’s liability.…

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FLORIDA SUPREME COURT RULES ON PREGNANCY DISCRIMINATION
Mavrick Law Firm Team

On April 17, 2014, the Florida Supreme Court resolved a conflict in Florida law: whether discrimination based on pregnancy constitutes “sex” discrimination in violation of the Florida Civil Rights Act of 1992 (“FCRA”). The Court held that because pregnancy is a “natural condition unique to women and a ‘primary characteristic of the female sex,’” discrimination…

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Client Testimonials

A few months ago our company was in need of a Labor Law Attorney and we were very lucky to have found Peter Mavrick. He is a great attorney, he maneuvered through a rather complex Employers Liability case advocating against the opposition and protecting our company and personal interests. He was...

C.Y.

Peter Mavrick successfully defended our company in a federal court jury trial. The jury ruled our way in a lawsuit by a person claiming our company owed him overtime wages. Mr. Mavrick “out-lawyered” the opposing lawyer and handled the case like our company was his own family’s business.

Business owner Arthur P.

For years, Mr. Mavrick has provided sound advice to my business and he provided excellent representation in a business lawsuit. He is highly responsive and his legal knowledge, skill, and advice are excellent.

Business owner Preston M.

Peter Mavrick successfully defended my company and me in a non-competition covenant lawsuit that sought an injunction that would have effectively shut down my business. Mr. Mavrick energetically handled the case like it was his own. He got the case dismissed with no liability and saved the business...

Business owner Kevin W.

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