Florida Business Litigation Lawyer Blog

A covenant not to compete refers to a clause in a contract where an employee of a company agrees not to pursue a similar profession or trade in competition with a current or former employer. Also referred to as non-compete clauses, these covenants can be difficult to enforce, especially if an employee alleges they were…

The importance of employers knowing the rules surrounding how much to pay employees cannot be overstated. When it comes to paying the correct amount of wages for time worked, errors can lead to costly lawsuits, damaging a company’s reputation as well as emptying its coffers. For those establishing a new business in Florida, or who…

Peter T. Mavrick’s client was recently victorious in a one-day arbitration in Clewiston, Florida. Mr. Mavrick and his opposing counsel each made opening statements to the arbitrator with an overview of what the evidence would show in their respective cases. Six witnesses testified. After the arbtration, the parties submitted written briefs addressing the evidence and…

In July 2012, Mr. Mavrick successfully represented a corporation in a jury trial in federal court in Miami, Florida. The corporation was being sued for alleged overtime wages under the Fair Labor Standards Act. Mr. Mavrick and his opposing counsel made opening statements, and then four witnesses testified on behalf of the Plaintiff. At the…

In a September 2011 jury trial in Miami, Florida, Peter T. Mavrick successfully defended his client who was being sued for over a million dollars. Mr. Mavrick’s client won a complete defense verdict. Mr. Mavrick’s client was being sued for alleged fraud, breach of partnership agreement, breach of contract, civil theft, and conversion. On the…

By Peter T. Mavrick The Eleventh Circuit Court of Appeals in a recent case confirmed that under federal law “illegal aliens,” i.e., undocumented workers, are covered employees under the federal overtime and minimum wage law called the Fair Labor Standards Act or “FLSA” for short. Galdames v. N & D Investment Corp., 2011 U.S.App.LEXIS 12705…

Attorney Peter Mavrick’s client, a condominium association, recently prevailed in an appeal before the Florida Unemployment Appeals Commission. The appeal was from an adverse decision made by an unemployment appeals referee following the termination of the condominium association manager. The manager was terminated for what appeared to be disloyalty and lack of candor to her…

Florida’s Fourth District Court of Appeal reversed, in part, a Broward Circuit Court temporary injunction involving a non-competition covenant between business competitors. 4UORTHO, LLC v. Practice partners, Inc., Physician Wellness Products, LLC, et. al., 18 So.3d 41, 43-44 (Fla. 4th DCA 2009). The injunction prohibited “soliciting any practices which are current or prospective clients” of…

The recent Third District Court of Appeal opinion in Reliance Wholesale, Inc. v. Godfrey, 2010 Fla.App.LEXIS 19459 at * 9 (Fla. 3rd DCA December 22, 2010), held that where a non-competition covenant is drafted as an “independent covenant,” as distinguished from a “dependent covenant,” a material breach defense premised on the employer’s alleged failure to…

Attorney Peter Mavrick recently obtained dismissal of an employee’s federal and state law claims for race discrimination, hostile work environment, and retaliation against a medium sized corporation. The employee’s lawsuit followed the EEOC’s issuance of a right to sue letter against the employer corporation. The employee contended that the employment termination was based on race,…