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Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901, (561) 406-0440, (813) 510-5800

Florida Probate & Estate Litigation: Invalidating a Will Due to Undue Influence

August 9, 2018

By: Justin C. Carlin, Esq.

Families are often a source of great joy in our lives, but there may be times when family matters may cause us unnecessary and unpleasant grievances.  This is especially true when it comes to money.  Older family members pass away, at times leaving a large estate behind for the survivors to argue over.  The manner of distribution of a decedent’s estate can be determined by a valid will or, when none exists or a will is considered invalid, by the laws on intestacy. READ MORE

Florida Business Litigation: “Explaining the Uniform Commercial Code”—Myth 1: The U.C.C. Only Applies to Merchants

May 10, 2018

By: The Carlin Law Firm, PLLC

As Fort Lauderdale business litigation lawyers, we frequently deal with contracts pertaining to the sale of goods.  Outside of the legal profession, it is a common misconception that a contract for the sale of goods is subject to the same rules that would govern any other contract.  However, unlike a contract for services or for the sale of real estate, which is governed by common law (i.e., case law decided within the court system), contracts that deal with the sale of goods are governed by statutory law, specifically, Article 2 of the Uniform Commercial Code (the “U.C.C.”).  Accordingly, there are several myths about the U.C.C. READ MORE

Florida Business Litigation: “Keeping Trade Secrets Secret”—Part 3: Enforcement of Trade Secret Rights

April 19, 2018

By: The Carlin Law Firm, PLLC

In my recent articles, I provided a general overview of the laws of Florida that govern the protection of trade secrets.  Part I of this series began by discussing what a trade secret is, and how to identify it, while Part II discussed strategies for keeping those trade secrets secret.  Nevertheless, the question must be asked: What happens when, despite your best efforts, your trade secrets are stolen?  Accordingly, Part III of this series will discuss enforcement of trade secret ownership rights, i.e., what to do when your trade secrets have been stolen. READ MORE

Florida Business Litigation: “Keeping Trade Secrets Secret”—Part 2: Protecting Your Trade Secrets

March 5, 2018

By: The Carlin Law Firm, PLLC

In my last article, “Keeping Trade Secrets Secret”—Part 1: Identifying Your Trade Secrets, I shared how important it is for a business, regardless of its size, to identify (and protect) those trade secrets that make the business special and unique.  However, identifying your business’s trade secrets is only the first step in protecting your business from becoming a victim of trade secret theft.  READ MORE

Florida Business Litigation: “Keeping Trade Secrets Secret”—Part 1: Identifying Your Trade Secrets

February 20, 2018

By: The Carlin Law Firm, PLLC

As Fort Lauderdale business litigation lawyers, we see it all the time—especially in Florida. A business owner frantically visits us because a former employee has hijacked the business’s customer, supplier, or inventory lists; started their own company or other competing business venture; and basically assumed the identity of the business from which it departed. In other situations, a former employee may steal (and then use as his or her own) a secret recipe or formula that makes the client’s business uniquely special. What can a business do to protect itself from becoming the victim of theft of trade secrets? READ MORE

Florida Business Litigation: Misleading Advertising—An Under-Utilized Business Litigation Claim

September 26, 2017

By: Justin C. Carlin, Esq.

In our capitalistic society, consumers are frequently exposed to advertisements for products and services. Unfortunately, advertisers sometimes make false claims or promises in their advertisements to mislead consumers into purchasing their products or services. For example, these advertisements may falsely tout amazing, “wholesale prices,” or extraordinary health benefits to be gained from the use of a product, thereby luring the consumer into purchasing the product or service on false pretenses. If you, as a consumer, have been misled by a business advertisement, then you may have a legal claim for money damages against the advertiser for misleading advertising. See generally § 817.41, Fla. Stat. (2017). READ MORE