DEFENDING FLORIDA EMPLOYERS: REVERSE DISCRIMINATION UNDER FEDERAL LAW
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating based on “race, color, religion, sex or national origin.” The broad language of this statute makes employers...
View ArticleMIAMI NON-COMPETE LITIGATION: LINE OF BUSINESS LIMITATION
Many businesses require employees, independent contractors, and others to sign restrictive covenants. Common restrictive covenants are non-compete agreements prohibiting competition with the business,...
View ArticleFORT LAUDERDALE NON-COMPETE LITIGATION: NATIONAL LABOR RELATIONS BOARD...
Non-compete agreements have received significant attention this year after the Federal Trade Commission issued a rule on April 23, 2024, banning most employee non-compete agreements. The rule was...
View ArticleMIAMI BUSINESS LITIGATION: DOCTRINES OF RES JUDICATA AND COLLATERAL ESTOPPEL
A lawsuit is generally considered over once a litigant obtains judgment in its favor assuming no appeal is taken and no post-judgment collection issues exist. However, the losing party is often left...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: PARTNER SEIZES CONTROL OF PARTNERSHIP
Sometimes business deals result in disagreements between business partners about the direction of the business. This includes cases where a business partner acts improperly by trying to usurp control...
View ArticleDEFENDING FLORIDA EMPLOYERS: TITLE VII AND ADVERSE EMPLOYMENT ACTION
Many employers attempt to comply with Title VII of the Civil Rights Act of 1964 (Title VII) and treat all employees equally based on their protected statuses. Title VII prohibits employers from...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE BAN IN APPELLATE COURT
The Federal Trade Commission’s rule banning most non-compete agreements is now before a federal appellate court. On May 7, 2024, the FTC proposed a rule that would have banned most non-compete...
View ArticleDEFENDING FLORIDA EMPLOYERS: DEFENSE AGAINST PREGNANCY DISCRIMINATION CLAIMS
An employer should take care to understand its legal responsibilities if it has a pregnant employee because several laws prevent an employer from discriminating against that employee. Title VII of the...
View ArticleMIAMI BUSINESS LITIGATION: PHYSICIAN NON-COMPETE AGREEMENTS
The Florida restrictive covenant statute allows employers to restrain employees from working for a competitor so long as the non-competition agreement is supported by a legitimate business interest...
View ArticleMIAMI BUSINESS LITIGATION: FEDERAL TRADE COMMISSION AND NON-COMPETE AGREEMENTS
Nationwide, the body of law regulating non-compete agreements (including non-solicitation covenants, non-circumvention covenants, covenants barring poaching of employees) has been mainly regulated by...
View ArticleMIAMI BUSINESS LITIGATION: NON-COMPETE CONTRACTS BARRED BY PROPOSED WORKFORCE...
We previously wrote about two potential laws that might limit enforceability of non-compete agreements. The first law is a proposed Florida statute that would constrain or prohibit restrictive...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: ENFORCEMENT OF NON-COMPETE AGREEMENTS
Florida law protects employers and similarly situated persons from unlawful competition. But every competitive act does not qualify as an unlawful competitive act. White v. Mederi Caretenders Visiting...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: EMPLOYEES’ FIDUCIARY DUTIES TO CORPORATE...
A fiduciary relationship exists when an individual must act in the interests of another. Watkins v. NCNB Nat’l Bank of Fla., N.A., 622 So.2d 1063 (Fla. 3rd DCA 1993) (“To establish a fiduciary...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: INTERPRETING ARBITRATION CONTRACTS
Many business contracts contain arbitration provisions, which often creates a question as to whether the contracting parties must resolve their dispute in arbitration. Florida courts consider three...
View ArticleMIAMI BUSINESS LITIGATION: FTC CANNOT ENFORCE RULE AGAINST NON-COMPETE...
Non-compete agreements have been a standard business practice for many years. Businesses use non-compete agreements to protect their interests like proprietary business information, trade secrets,...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: LEGAL CHALLENGES TO FTC RULE AGAINST...
The Federal Trade Commission (FTC) controversially issued a final rule banning most non-compete agreements. This rule severely impedes the ability of businesses to protect their legitimate business...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: DEVELOPMENTS IN FTC BAN OF NON-COMPETE...
Developments regarding the Federal Trade Commission’s (FTC) prohibition of non-compete agreements continue. Recently, a court in the Eastern District of Pennsylvania denied a motion for preliminary...
View ArticleMIAMI BUSINESS LITIGATION: ABUSE OF PROCESS CLAIMS UNDER FLORIDA LAW
Under Florida law, the tort of abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed. Florida’s Third...
View ArticleMIAMI BUSINESS LITIGATION: TRADE SECRETS AND CONFIDENTIALITY CONTRACTS
It is important for every business to take extensive efforts to protect their trade secrets and limit their disclosure to persons with subject to comprehensive confidentiality agreements. Often, trade...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: COURT OVERRULES FEDERAL RULE BANNING...
The Federal Trade Commission’s (FTC) rule banning most non-compete agreements continues to produce legal developments. Conflicting opinions were previously issued by a court in the U.S. District Court...
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