Category: Commercial Litigation & Business Disputes

Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901 or email [email protected]

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

Infographic: Reasons to Hire a Ft. Lauderdale Business Dispute Attorney

October 7, 2017

By: The Carlin Law Firm, PLLC

The 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: 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

Member-Initiated Florida LLC Litigation: Direct Actions Versus Derivative Actions

June 7, 2017

By: Justin C. Carlin

Florida LLC Litigation: Theft or Other Misconduct by a Managing Member of an LLC

In the context of Fort Lauderdale business litigation, some members of Florida limited liability companies, also known as “LLCs,” learn that the managers or other members of the LLC have wrongfully taken funds from the company, or have otherwise harmed the company by breaching their fiduciary duties to the company.  When this happens, the members’ ownership interests in the company—which entitles them to distributions of the company’s profit—are usually dramatically reduced or completely eliminated.  Understandably, these members may wish to sue the managers and members whose conduct caused their losses. READ MORE

Florida Business Litigation Appellate Update: Forum-Selection Clauses

March 16, 2017

By: Justin C. Carlin

Florida Business Litigation Appellate UpdateI 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

Preparing for Fort Lauderdale Business LitigationIn 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

An Essential Provision in Every Florida Business ContractAs 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