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




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b2ap3_thumbnail_dania-beach-business-litigation-attorney.jpgThere are multiple types of industries where non-compete agreements are used regularly by employers to protect their business interests. These agreements may restrict a company’s employees from engaging in certain types of competitive behavior after they leave the company or even while they are still working for an employer. If a former employee commits a violation of a non-compete agreement, a company may need to take legal action to address this issue. There are several possible situations where litigation may be necessary to address the financial losses that were caused by the violation of an agreement or to prevent a business from suffering harm.

Examples of Actionable Non-Compete Agreement Violations

Generally, a non-compete agreement may be used to protect a company’s legitimate business interests, and it may place reasonable limits on the types of work a person can perform within a certain geographical area and during a specific time period. Some situations where litigation may be necessary to address a former employee’s violation of a non-compete agreement include:

  • A former employee goes to work for a direct competitor. Non-compete agreements may be used to protect trade secrets, and they may restrict employees from working for other companies within the same industry, since doing so may allow them to use their knowledge of their former employer’s processes to help their new employer gain an unfair advantage in the marketplace. In these situations, the former employer may pursue litigation and seek an injunction requiring the employee to stop working for the competitor.


b2ap3_thumbnail_pompano-beach-business-litigation-attorney.jpgWhen business disputes need to be settled in the courtroom, the plaintiff and defendant will both need to be sure they have all the information they need to address the issues raised in their case. After a lawsuit is filed, the case will enter the discovery phase, and the parties will gather relevant information from each other or from other parties. Understanding the procedures that may be followed during discovery will help a person ensure that they are taking the correct approach to achieve success in business litigation.

Methods Used During Discovery

Information that may affect a case may be obtained in multiple ways, including:

  • Interrogatories - One party may send written questions to the other party, asking for details about certain issues. These questions may be open-ended, or they may be specific. For example, one side may send the other a request to admit certain facts to ensure that these issues will not be in dispute during a trial.


b2ap3_thumbnail_broward-county-business-law-attorney.jpgThere are a variety of issues that can lead to contract disputes, but much of the time, these cases will address claims that one party has committed a breach of contract and failed to meet their obligations under a contractual agreement. During litigation of these disputes, one party may invoke a “force majeure” clause in the contract and claim that they were excused from meeting their obligations due to circumstances beyond their control. By understanding when force majeure clauses may apply and how they can affect the litigation of contract disputes, the parties involved in these cases can make sure they will be able to protect their rights and financial interests.

What Is a Force Majeure Clause?

Most contracts contain terms that define when a party may not be required to fulfill its obligations. The term “force majeure,” which means “greater force,” may be used to refer to clauses in a contract that excuse one or both parties from certain obligations due to issues that are unforeseeable and out of their control. The circumstances that trigger a force majeure clause are often referred to as “acts of God,” and they may include natural disasters such as storms, floods, or earthquakes. Other issues that may be covered by these clauses include wars, riots, labor disputes, or other qualifying events that make it impossible for one party to meet their requirements.

If events occur that fall under a force majeure clause, the parties may have a number of options for handling the situation and reaching an agreement that will minimize the losses for both parties. In some cases, they may decide that the contract will still be carried out, but there will be a delay before one or both parties complete their requirements, such as delivering goods or making payments. In others, the parties may agree to a rescission, or a cancellation of the contract.


b2ap3_thumbnail_broward-county-breach-of-contact-lawyer.jpgThere are many situations where a party to a business contract may violate the terms of their legal agreement. When a breach of contract occurs by one party, the other party may experience financial losses or other damages, and they may seek to recover these damages through business litigation. However, there are some situations where an anticipatory breach of contract may occur because one party will be expected to violate the terms of a contract. In these situations, the other party will need to understand their options, including the steps they can take to protect their interests and minimize their financial losses.

Anticipatory Breaches and Repudiation

If one party refuses to honor the terms of a contract, this is known as repudiation. In some cases, one party may inform the other that they will not be meeting their contractual obligations. However, many anticipatory breaches involve suspicions by one party that the other will be unable to fulfill the contract’s terms. For example, if a company has entered into a contract with a manufacturer in which a large number of goods will be delivered by a certain date, and they later learn that the manufacturer has filled a large order of the same goods for another company, they may be concerned that the manufacturer has exceeded their production capabilities and will be unable to manufacture and deliver the goods on time. The company may then need to take action to respond to the expected breach of the contract.

Under the Uniform Commercial Code (UCC), a party that has reasonable grounds to believe that a breach of contract will occur may request adequate assurance that the terms of the contract will be fulfilled. In the example above, the company purchasing goods may contact the manufacturer in writing to ask about the status of their order and when it will be expected to be completed. While waiting for a response, the company may suspend any payments they were required to make under the contract. If a response is not received within 30 days, this will be considered a repudiation of the contract.


FL business lawyerWhile going to court to resolve legal concerns is often the last resort, there are many cases where businesses may need to pursue litigation to recover financial losses. These include situations where a business’s partners or employees have committed embezzlement. This form of fraud can have a significant impact on a company’s bottom line, and business owners will need to understand their options for holding a person responsible for their wrongful actions.

What Is Embezzlement?

Embezzlement may include any situations where a person who is given the responsibility to hold or manage property owned by someone else wrongfully takes possession of the other person’s money or assets. Embezzlement can take a variety of forms in a business setting, and examples of this type of fraud include:

  • Falsifying time sheets - Hourly employees may misreport the number of hours they have worked with the intent of receiving additional pay. This is often done to receive overtime pay when a person has not actually worked additional hours.
  • Misreporting expenses - Employees may be compensated for work-related expenses. However, some people may attempt to receive additional compensation by claiming that items purchased for personal use were work-related. Some employees may also engage in “double-dipping” in which they charge purchases to a company credit card or account while also submitting expense reports to receive compensation for these purchases.
  • Theft of supplies, equipment, products, or money - Some employees may commit direct theft from a company by taking office supplies or computer equipment, or they may steal products from a store or take money from a cash register or safe. Employees may also steal from an employer by under-ringing items at a cash register or voiding transactions and pocketing the cash paid by a customer, or they may provide improper discounts to allow products to be purchased for less than their actual value.
  • Falsified vendor payments - An employee may steal company funds by making payments to a vendor that does not actually exist, or they may accept kickbacks from a vendor after agreeing to make payments for products or services that were not actually received.

These are just a few of the ways that employees may commit embezzlement. Whenever a person misuses a company’s resources for their own personal gain, they could face significant consequences. Embezzlement is a form of fraud, and depending on the amount stolen, a person may face misdemeanor or felony charges. A company may also pursue litigation against a person who committed embezzlement. Under Florida law, a plaintiff may recover up to three times the amount that was stolen through fraud or embezzlement, as well as their attorney’s fees during the case.

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