Business Litigation Blog
What are the Rules for Filing “Confidential Information” in the Court File in Florida?
As of July 1, 2021, all filers of documents in a case are responsible for redacting or identifying for redaction all court documents filed in circuit civil, county civil and small claims in the Fifteenth Judicial Circuit pursuant to amended Rule of Judicial Administration 2.420. In this regard, if any document filed with the… Read More »
One of These Things Doesn’t Belong Here: An LLC Member’s Direct and Derivative Claims Cannot be Joined in the Same Lawsuit
When litigating cases involving limited liability companies (or LLCs), we often see lawsuits that allege an LLC member’s direct claims together with the member’s derivative claims asserted on behalf of the LLC. Under Florida law, however, it is impermissible for an LLC member to allege both direct and derivative claims within the same lawsuit…. Read More »
Firm Prevails In Trade Secret Action on Behalf of Second Largest CBD Retailer in the United States
The firm recently prevailed in the defense of its client in a multiparty federal court action in which the Plaintiff sued the second largest CBD retailer in the U.S., for misappropriation of trade secrets and deceptive and unfair trade practices. The case, Healthcare Resources Management Group, LLC v. Medterra CBD, LLC et al. (Case… Read More »
Noncompete Agreements In A Virtual World – Firm Prevails For Client After 5-Day Temporary Injunction Hearing
The firm announces that it recently prevailed on behalf of a client, after a 5-day evidentiary hearing, in securing an order denying a former employer’s motion for temporary injunction relating to the enforcement of various restrictive covenants. The matter is Insight Global, LLC v. The Intersect Group, LLC et al., Case No. 50-2021-CA006834-XXXXMB, filed… Read More »
What Are The Consequences And Standard For Spoliation Of Evidence?
If you are anticipating litigation, or are already involved in pending litigation, you should strongly consider changing the settings of your electronic devices to avoid accusations of spoliation later on in the litigation. The term “spoliation” refers to the destruction or significant alteration of evidence, including the failure to preserve evidence. To ensure that… Read More »
The Supreme Court Overhauls Florida’s Summary Judgment Rule: What Are the Top Ten Most Significant Changes in the New Rule?
Effective May 1, 2021, the Florida Supreme Court adopted substantial revisions to the rule governing motions for summary judgment.[1] While the rule number (i.e., 1.510) remains the same, Florida’s high court otherwise overhauled the rule in its entirety, including adopting the federal standard for summary judgment that has applied in federal court for 35… Read More »
Florida Employer Non-Solicitation & Non-Disclosure Agreements
During the COVID-19 pandemic, many people found themselves in a situation where they either were let go from their job or they decided to leave their job. As a result, some of these people faced a predicament where they were subject to a non-compete, non-solicitation, or non-disclosure agreement that they signed while still employed…. Read More »
An Update on Pandemic-Related Contract Litigation
Earlier this year, we wrote about “acts of God” and force majeure clauses. At the time, we anticipated that the Covid-19 pandemic and resulting shutdown orders would lead to significant litigation regarding these terms. While the pandemic is now in its eighth month, courts have begun rendering opinions on whether the pandemic will excuse… Read More »
Jury Trials in the Covid-19 Pandemic
Jury trials in Florida have been suspended since March 16, 2020, and as of early August, the Covid-19 pandemic shows no signs of abating. At a virtual meeting of the Florida Bar Board of Governors on July 17, in fact, Chief Justice Charles Canady indicated that it is “unrealistic” that jury trials will resume… Read More »
Does a Force Majeure Provision Excuse Performance of a Contract Due to COVID-19?
This blog is a follow-up to our previous blog: Is Covid-19 an “Act of God” Excusing Performance of a Contract? Many contracts contain an obscure provision that allows for non-performance of the contract due to circumstances beyond the parties’ control. These provisions are typically called “force majeure” provisions, and they are often overlooked or… Read More »