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Business Litigation Blog

Legal24

Firm Prevails In Trade Secret Action on Behalf of Second Largest CBD Retailer in the United States

By Rabin Kammerer Johnson |

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 »

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Legal29

Noncompete Agreements In A Virtual World – Firm Prevails For Client After 5-Day Temporary Injunction Hearing

By Rabin Kammerer Johnson |

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 »

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Legal18

What Are The Consequences And Standard For Spoliation Of Evidence?

By Rabin Kammerer Johnson |

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 »

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Lit2

The Supreme Court Overhauls Florida’s Summary Judgment Rule: What Are the Top Ten Most Significant Changes in the New Rule?

By Rabin Kammerer Johnson |

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 »

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Florida Employer Non-Solicitation & Non-Disclosure Agreements

By Rabin Kammerer Johnson |

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 »

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Contract7

An Update on Pandemic-Related Contract Litigation

By Rabin Kammerer Johnson |

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 »

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Courtroom

Jury Trials in the Covid-19 Pandemic

By Rabin Kammerer Johnson |

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 »

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BusContract4

Does a Force Majeure Provision Excuse Performance of a Contract Due to COVID-19?

By Rabin Kammerer Johnson |

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 »

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Contract8

Is Covid-19 an “Act of God” Excusing Performance of a Contract?

By Rabin Kammerer Johnson |

Florida courts have long recognized that “acts of God” may provide a legal justification for nonperformance of a contract.  What constitutes an “act of God,” however, evades precise definition.  The Florida Supreme Court has described an “act of God” for purposes of a contract as follows: An act of God, such as will excuse… Read More »

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Litigation3

What is a Shareholder’s Agreement and Do I Need One?

By Rabin Kammerer Johnson |

We’ve previously written about the value of having an operating agreement governing the operations and management of LLCs.  For instance, an operating agreement setting forth the role of each LLC member and creating dispute resolution mechanisms can often help to resolve future disputes. Not every business is an LLC, however. Under Florida’s Business Corporations… Read More »

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