The Elliot Legal Group, P.A. Offices | Fort Lauderdale and Miami

3101 N. Federal Hwy., Suite 609,
Oakland Park, Florida 33306

*Licensed in England and Wales, Florida and Washington D.C.

Fort Lauderdale

754-332-2101

Miami

305-399-3832

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Oakland Park Business Law AttorneyWhen operating a business, owners and partners will want to take whatever steps are necessary to protect their financial interests. In many cases, this means maintaining certain types of trade secrets that will allow them to provide value to their customers and remain competitive in the marketplace. Unfortunately, there are many situations where these trade secrets may be stolen or misappropriated and used by a company’s competitors to gain an unfair advantage. In these cases, a company may be able to pursue litigation against the parties who have stolen or trafficked in trade secrets and engaged in anti-competitive practices, while also ensuring that this information can remain confidential.

Defense of Trade Secrets in Florida

For companies in Florida, the state’s Trade Secrets Act provides a number of protections against the misappropriation or misuse of trade secrets. A company may pursue litigation against a person or company that disclosed or acquired a trade secret through methods such as theft or bribery, as well as methods of espionage such as hacking into protected computer systems or illegally accessing a company’s premises. In addition to taking legal action against a person who stole a trade secret, such as a former employee, a company may pursue litigation against another company that acquired a trade secret that they knew or had reason to know was stolen or obtained without their express consent.

The statute of limitations for litigation involving misappropriation of trade secrets is three years. A company must pursue litigation within three years after discovering that trade secrets were misappropriated or within three years after a misappropriation should have been discovered through the exercise of reasonable diligence. During litigation, a company will need to prove that actual or potential value can be derived from the trade secrets in question and that it took reasonable efforts to maintain secrecy. A company may seek remedies including:

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Hollywood, FL Business Law AttorneyOperating a business will involve interactions with a variety of other parties, including customers, vendors, other companies, and employees. There are many situations where disputes involving these or other parties may arise. Business litigation may be necessary to resolve these issues and address losses that a company may have experienced because of other parties’ actions. If disputes related to non-compete agreements become an issue, business owners will need to understand how the law applies to these situations and how they can enforce the terms of these agreements.

Enforcing Restrictive Covenants in Florida

Non-compete agreements are often used in employment contracts or severance agreements, and they are meant to ensure that a former employee will not directly compete with their employer and use their knowledge of a company’s operations or customers in a way that negatively affects the company’s business interests. They may also be used in other situations, such as a joint venture agreement between two companies. Non-compete agreements are known as restrictive covenants because they restrict a person from working for a competitor or engaging in certain types of business activities.

If disputes involving non-compete agreements arise, Florida law details the requirements that must be met for an agreement to be enforceable. These include:

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Oakland Park, FL Business Law AttorneyEmbarking on a business partnership can leave one feeling optimistic and excited about the future. Unfortunately, not all business relationships live up to this initial hopefulness. If your partner relationship has taken a negative turn, you may have questions about your legal rights. You may wonder, “Can I sue my business partner?”

Breach of Partnership Agreement

When a partner damages the business by breaching the partnership agreement, the remaining partners may have cause for legal action against the breaching party. Breach of contract involving a partnership agreement occurs when:

  • The partner has violated one or more terms of the contract

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Oakland Park, FL Business litigation lawyerThere are multiple different types of disputes that may be addressed through business litigation. When disputes arise between business partners or the shareholders of a corporation, these cases will often involve claims that a party has committed a breach of fiduciary duty. Those who are involved in these types of disputes will need to understand their rights and obligations. By working with a skilled business law attorney, a business partner or shareholder can make sure they are taking the correct steps to resolve these issues effectively.

Understanding Breach of Fiduciary Duty

Certain parties have an obligation to act in a way that will benefit someone else. This is known as fiduciary duty, and the party who has this duty is known as a fiduciary, while the party to whom the duty is owed is known as a principal or beneficiary. Business partners have a fiduciary duty toward other partners, and a corporation’s majority shareholder has a fiduciary duty toward the other shareholders. 

A fiduciary may be accused of committing a breach of fiduciary duty if they acted in a way that benefited their own interests or the interests of a third party instead of benefiting the company. These cases may involve the claims that a fiduciary has failed to uphold one or more of the following types of obligations:

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Contract Litigation Attorney Oakland Park, FLBusinesses often rely on contracts to protect their rights and financial interests. A legally binding contract will ensure that both parties will meet their obligations, which may include making payments by a certain date, performing certain types of services, or following restrictions such as the non-disclosure of sensitive information. If one party fails to follow the terms of a contract, this can cause problems for the other party, including financial losses or the disruption of business operations. In these cases, a business may pursue litigation to address a breach of contract, and if they can show that the other party did not meet their contractual obligations, the court may award certain types of remedies.

Options for Resolving Breach of Contract Issues

When considering an alleged breach of contract, a court will look at factors such as the nature of the breach and the harm caused to one party by the other party’s failure to meet their obligations. A material breach of contract will involve a substantial failure by one party to abide by the terms of the contract, and in these cases, the other party may be released from their contractual obligations, and the breaching party may be required to take certain actions. A partial or minor breach of contract will usually involve a less significant violation of the contract’s terms, and the non-breaching party may still be required to meet their obligations, but the other party may be required to address the non-breaching party’s losses or damages.

The remedies that may be ordered by a court in a breach of contract case may include:

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