Trade secret misappropriation claims are commonly filed in business litigation by employers against former employees. An employee is precluded from using for his or her own advantage, and to the
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FORT LAUDERDALE BUSINESS LITIGATION: FLORIDA’S INDEPENDENT TORT DOCTRINE
In business litigation, claims alleging fraud and breach of contract are often filed in the same lawsuit. However, if the factual allegations or the damages sought in fraud claims are…
FORT LAUDERDALE NON-COMPETE AGREEMENTS: SEEKING INJUNCTIVE RELIEF TO ENFORCE RESTRICTIVE COVENANTS
A prevalent issue in business litigation is whether an injunction is needed to enforce a restrictive covenant and protect a party’s legitimate business interest. In Florida, Section 542.335, Florida Statutes,…
MIAMI BUSINESS LITIGATION: FRAUD DAMAGES UNDER FLORIDA’S FLEXIBILITY THEORY
In business litigation, Florida courts typically apply a flexibility theory of damages in fraud case. Gregg v. U.S. Industries, Inc., 887 F.2d 1462 (11th Cir. 1989). “The ‘flexibility’ theory of…
FORT LAUDERDALE BUSINESS LITIGATION: PROTECTING CUSTOMER INFORMATION FROM TRADE SECRET MISAPPROPRIATION
Business litigation in Florida often involves claims for trade secret misappropriation under Florida’s Uniform Trade Secret Act (“FUTSA”) or the Defend Trade Secrets Act (“DTSA”). In business litigation, a business’…
MIAMI NON-COMPETE AGREEMENTS: LEGITIMATE BUSINESS INTERESTS SUPPORTING RESTRICTIVE COVENANTS
In Florida business litigation, a non-compete restriction may not exist solely as a tool to eliminate competition or merely to prevent an employee from working with a competing employer in…
FORT LAUDERDALE BUSINESS LITIGATION: PROTECTING CUSTOMER LISTS AS TRADE SECRETS
A prevalent issue arising in business litigation throughout Florida is whether the customer list of a business or employer is a protected trade secret under Fl as a trade secret…
FORT LAUDERDALE NON-COMPETE AGREEMENTS: PROTECTING A BUSINESS’ GOODWILL AS A LEGITIMATE BUSINESS INTEREST
Under Florida law, non-compete agreements are enforceable to protect a company’s customer, patient, or client goodwill. In business litigation, a business’ goodwill qualifies as a legitimate business interest under Section…
MIAMI BUSINESS LITIGATION: TRADE SECRET MISAPPROPRIATION DURING EMPLOYMENT
In business litigation, claims for trade secret misappropriation often arise under Florida’s Uniform Trade Secret Act (“FUTSA”) or the Defend Trade Secrets Act (“DTSA”). For liability to attach under the…
FORT LAUDERDALE BUSINESS LITIGATION: IDENTIFYING BUSINESS RELATIONSHIPS FOR TORTIOUS INTERFERENCE CLAIMS
A prevalent issue arising in business litigation is whether a party wrongfully interfered with another parties’ business relationships. Parties in business litigation often assert claims under Florida law for tortious…