Florida Business Litigation Lawyer Blog

In business litigation cases, it is important to evaluate the possibility of “piercing the corporate veil,” whether from the perspective of plaintiff/creditor or defendant/debtor. While a corporate debtor might be uncollectable due to its lack of financial resources, the story does not always end with the corporation’s own balance sheet. When a plaintiff/creditor can prove…

In March 2013, Mr. Mavrick successfully represented a corporate employer at trial in a worker’s compensation case in Broward County, Florida. Mr. Mavrick presented testimony from four witness and conducted an extensive cross-examination of the Claimant-employee. Crucial credibility problems emerged with the former employee’s case. The Judge ruled in favor of Mr. Mavrick’s client. In…

Under the federal Family and Medical Leave Act (FMLA or the “Act”), an eligible employee may be entitled to take up to twelve weeks of unpaid leave per year. During this time, the employee will be able to continue to collect medical benefits that he or she had before taking a leave of absence. Moreover,…

In the United States, federal and state employment and labor laws continue to evolve on regular basis. As a valuable resource to his clients, our office is providing the following summary of the most recent amendments affecting Florida employers on both a federal and state level. Federal Amendments Recently, the National Labor Relations Board, or…

Over the past few years, the Obama Administration has been heavily cracking down on employers who hire illegal aliens, making it extremely risky for companies to employ undocumented workers.In 2012, the Department of Homeland Security (DHS) ordered numerous companies to provide them with their employment records for review and inspection. While these “silent raids” have…

Not surprisingly, employers in Florida and across the United States admit to reviewing the social networking profiles of prospective and current employees. Despite the laundry list of potential ethical and legal implications raised by opponents, it has become a common practice in corporate America. However, several situations making headlines in this regard relate to employers…

DePuy Orthopaedics, Inc. v. Waxman Under common law, non-compete clauses and agreements were generally rendered void and unenforceable as contrary to public policy and as unlawful restraints on trade. However, over the past several decades, the Florida Legislature has begun to loosen the reins on employers in allowing non-compete agreements to stand. Although earlier state…

A breach of contract typically occurs when a party to an agreement fails to perform an obligation resulting from a valid offer and acceptance. In a business context, the five most common examples of breach of contract claims are as follows: Failure to complete a job Failure to deliver goods in a timely fashion Failure…

A warranty is either an express or implied representation about the quality or fitness of a given consumer product. When a warranty is breached, it usually occurs under the following circumstances: A specific promise made by a seller or producer of a product is not honored When a product is defective or in an unsafe…

Unlike most residential lease agreements, commercial leases can sometimes involve rather complex issues. Specifically, if a commercial lease is improperly drafted, it can create serious legal consequences for land and business owners alike, including time away from work and expensive litigation. Moreover, with negative changes in the economy and a struggling commercial real estate market,…