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…
Questions Linger Regarding the New Law Addressing Building Safety
Q: I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association.
State Publishes Mandatory Condo Form
By Joseph Adams
As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more…
IS THE REMOVAL AND REPLACEMENT OF NONCONFORMING WORK ECONOMICALLY WASTEFUL?
There are times a contractor installs the wrong material or system contrary to the plans and specifications. A nonconformity. The owner wants the already-installed material or system to be replaced…
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…
Neighbor’s Secondhand Smoke A Bother
By Joseph Adams
Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail)
A: There is no case…
PRESENTING A “TOTAL TIME” DELAY CLAIM IS NOT SUFFICIENT
When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is…
Notice of Board Meetings Must Be Posted
By Joseph Adams
Q: It is my understanding that board meetings require paper posting of notice on the condominium property. However, our board does not always post notice saying that “they forgot.” What…