Posted on November 23,2021 in Business Law

When parties who have entered into a contractual agreement encounter disputes in which one party allegedly breached the contract terms, litigation may be required to resolve these issues. In many cases, the plaintiff in a breach of contract case will seek to recover damages from the other party, and these damages may address the losses that occurred because of the breach, including both direct and indirect losses. However, a plaintiff may also ask the court to require the defendant to take or refrain from certain actions. This is known as injunctive relief, and it will usually only be granted if a plaintiff meets specific legal requirements.

Injunctions and Specific Performance

In many cases, a contract will include an injunctive relief clause stating that one or both parties are entitled to relief to prevent them from suffering harm due to a breach of contract. If a party pursues litigation to address an alleged breach of contract, it may ask the court to issue an injunction against the other party. In some cases, temporary injunctions may be used while a case is ongoing, or a permanent injunction may be issued at the conclusion of the case.

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 Posted on November 19,2021 in Business Law

Employment contracts, severance agreements, and other types of contracts will often contain clauses that restrict a person from taking certain actions or engaging in certain activities. These are known as “restrictive covenants,” and they are used to protect the interests of a company, ensure that its trade secrets and proprietary practices will not be disclosed, and prevent unfair competition. Restrictive covenants may include both non-compete and non-solicitation agreements. If a person is accused of violating these agreements, a company may pursue litigation to address the harm suffered due to the violation. By understanding what these agreements cover and when they may be enforced, the parties in these types of disputes can determine their best options for resolving any disputes that may arise.

Differences Between Non-Solicitation and Non-Compete Agreements

Restrictive covenants place limits on the types of business activities that a person can engage in. A company may ask employees to agree to these terms to ensure that a person will not engage in unfair business practices that may cause the company to suffer financial losses. 

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 Posted on November 10,2021 in Litigation

Businesses may encounter multiple types of legal disputes, and in some cases, litigation may be required to address these issues. In some cases, these disputes may be related to a commercial lease. A landlord may need to address concerns about the actions taken by a tenant, or a business that leases space may need to take legal action against a landlord to protect its interests. In these cases, landlords and tenants can work with an attorney who is experienced in real estate litigation to determine how to resolve lease-related disputes.

Common Commercial Landlord/Tenant Disputes

Landlords and tenants may need to address multiple concerns related to a commercial lease, including:

• Maintenance and repairs - While the terms of a lease will usually specify who is responsible for paying maintenance costs or performing repairs to a property, disagreements may arise between landlords and tenants regarding what types of maintenance are covered by the lease’s terms, who is responsible for maintenance in common areas of a property, and the extent of repairs that may need to be made to a building’s interior or exterior.

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 Posted on October 28,2021 in Business Law

Most businesses rely on different types of contracts to make sure agreements are legally binding. These may include vendor contracts, partnership agreements, employment contracts, and multiple other types of business-related agreements. In cases where one party does not fulfill the terms of a contract, the other party may pursue litigation to enforce the contract’s terms. However, there are some cases where it may not be possible to legally enforce a contract, and business owners will want to understand the potential issues that may make a contract unenforceable.

Making Sure a Contract Is Enforceable

A contract will need to meet a number of legal requirements, and one party may believe that the contract is invalid because it violates the law or does not include certain terms. Some issues that may affect the enforceability of a contract include:

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 Posted on October 26,2021 in Real Estate

There is a multitude of legal issues that commercial real estate developers will need to address, including financing, permits, and zoning laws. Construction is a major aspect of a commercial real estate development project, and in some cases, developers may encounter construction defects that affect the value of a property and the ability to use it as intended. In these cases, a developer may need to pursue litigation against a construction company, contractor, parts manufacturer, or other parties who were responsible for defects.

Reasons for Construction Defect Litigation

Construction defects may involve multiple issues. Defects may be patent, meaning that they are easily observable or can be uncovered through a routine inspection, or they may be latent, meaning that they are not immediately evident. In general, construction defect litigation may address the following types of defects:

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 Posted on October 19,2021 in Business Law

In many cases, business partners are able to work together for the benefit of themselves and their company. However, there are a variety of situations where partnership disputes may arise, and in some cases, partners may be unable to resolve these matters and continue working with each other. Disputes that cannot be resolved may lead to a “business divorce” in which partners decide to stop working together. While some partners may be able to reach an agreement on how to dissolve their partnership, others may need to pursue business litigation to protect their rights and interests.

Options in a Business Divorce

The procedures followed during a business divorce will depend on a variety of factors. These may include whether this type of situation was addressed in a partnership agreement, whether one or more partners wish to continue operating the business after a partner leaves the company, and whether a partner believes that one or more other partners have acted improperly or violated the law. Partners will also need to address issues such as liability for business debts and taxes and the methods used to calculate the value of business assets.

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 Posted on October 12,2021 in Business Law

There are multiple reasons why a company may pursue business litigation against another company or person. In many cases, litigation will seek to address losses or other damages caused to a business by another party’s actions. Tortious interference is one issue that may arise during business litigation, and it addresses cases where another party interfered with a business’s relationships and caused the business to suffer losses. An attorney with an understanding of business law can ensure that a company will be able to address this issue properly when pursuing litigation or resolving business disputes.

What Is Tortious Interference?

Businesses may engage in a variety of activities as they work to build relationships with customers, engage in contractual agreements, and build positive reputation and goodwill in the marketplace. While some activities may be considered standard forms of competition, others may be seen as intentional attempts to cause harm to someone else. 

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 Posted on September 28,2021 in Business Law

There are multiple types of fraudulent activity that can affect a business. Fraud may be committed by an officer or employee of a company, another company that has misrepresented information during a transaction, or any other party that engages in theft of a company’s money or assets. These actions can result in significant losses for a company. While a person who commits fraud may face criminal charges, a company may also be able to pursue civil litigation to address the damages resulting from fraud.

Forms of Fraud That Can Affect a Business

Some common types of fraud that may be addressed through business litigation include:

• Embezzlement - An employee, officer, or partner of a company may steal or misappropriate money or other assets belonging to the company. This type of theft may involve physically taking cash or property, redirecting a business’s funds into a personal account, or deceptive practices by one partner that deprive other partners of their rightful share of a company’s earnings or profits.

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 Posted on September 21,2021 in Business Law

When 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.

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 Posted on September 14,2021 in Business Law

Operating 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.

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