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
Category: Commercial Litigation & Business Disputes
Florida Business Litigation: Misleading Advertising—An Under-Utilized Business Litigation Claim
September 26, 2017In 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
Infographic: Partnership Disputes and Business Litigation
February 28, 2018Business partnerships can be a blessing, but they can also spell trouble if one or more partners aren’t reliable. If you need to disband a partnership, business litigation may assist in resolving such a dispute. The scope of this litigation also covers the infringement of property rights. READ MORE
Florida Business Litigation: “Owners” without Stock or Membership Certificates—Do They Have Rights?
February 27, 2018It’s not uncommon for entrepreneurs to invest their time, energy, skill, and capital into an established corporation’s or company’s business with the understanding that, upon investing into the business, they will become owners of the business entity. When this happens, the business entity may not provide the investor with stock or membership certificates evidencing his or its ownership, and may later claim that the investor is not an owner entitled to distributions or anything else related to ownership in an interest, but rather merely an employee. Does such an investor have any recourse to reclaim his or its interest in the company or corporation? In Florida, the answer is: Yes. READ MORE
Infographic: Reasons to Hire a Ft. Lauderdale Business Dispute Attorney
October 7, 2017The infographic titled “Why Hire a Ft. Lauderdale Business Dispute Attorney?” explains some important reasons to hire a business dispute attorney or business litigation attorney. A business litigation attorney is an attorney who primarily advises business clients in a wide array of non-criminal litigation, including issues involving contracts, liabilities, disputes, or partnerships. READ MORE
Florida Business Litigation Appellate Update: Derivative Actions
June 9, 2017By: Justin C. Carlin
My last blog post addressed the differences between derivative and direct actions. Only a few weeks ago, the Florida Third District Court of Appeal issued an opinion clarifying the requirements for a direct action. A full copy of the opinion can be found here.
Florida Business Litigation Appellate Update: Forum-Selection Clauses
March 16, 2017By: Justin C. Carlin
I recently wrote about the enforceability of forum-selection clauses in Florida business contracts. The Florida Third District Court of Appeal recently issued an opinion enforcing a forum-selection clause. A full copy of the opinion can be found here.
The case, Quick Cash, LLC v. Tradenet Enterprise, Inc., involved a business contract between two corporations, one of which filed suit in Florida. The defending corporation moved to dismiss the lawsuit, because the contract in question provided that jurisdiction and venue would be in another State. READ MORE
Preparing for Fort Lauderdale Business Litigation (or Elsewhere): Forum-Selection Clauses
March 6, 2017
In my last blog post, I wrote about the importance of including in a Florida business contract an “attorney’s fees” provision that permits a party to a contract to recover its attorney’s fees from the other party to the contract if it sues over the contract and “wins.” Moreover, I alluded to the existence of other important provisions in Florida business contracts, but did not specify those provisions. READ MORE
An Essential Provision in Every Florida Business Contract: An “Attorney’s Fees” Provision
March 2, 2017
As a Fort Lauderdale commercial litigation attorney, my Florida business clients frequently request that I review and draft their contracts. In addition to capturing the parties’ intentions regarding the key aspects of the transaction for which their contract is drafted—and avoiding ambiguities and inconsistent provisions that might fuel a potential business dispute—most business contracts contain certain boilerplate terms that will be “virtually the same” in every contract. These provisions are included for good reason (they’re important!), even though lawyers may differ as to what they should say. READ MORE
Resolving Corporate Deadlock and Mismanagement: Receiverships (Part II)
February 20, 2017
I’ve previously written about Florida business litigation solutions for corporate deadlock, but, in that prior blog post, I addressed only a single method of resolving corporate deadlock and mismanagement: dissolution and liquidation of the corporation. In this post, I will describe a second, alternative solution: receivership. READ MORE
