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Recent Blog Posts
How Will Changing Laws and Policies Affect Non-Compete Agreements?
For many employers, non-compete agreements provide essential protections. These agreements ensure that employees who have gained a knowledge and understanding of a company’s business practices and trade secrets cannot use this information to engage in unfair competition by working for a competitor or starting their own competing business. In some cases, a business may need to pursue litigation to enforce non-compete agreements and address violations that have resulted in financial losses or other issues that have affected a company’s ability to operate successfully. However, the ability to do so may change in the future as new laws and regulations are implemented that affect non-compete agreements.
Potential Limitations on Non-Compete Agreements
Some advocates believe that non-compete agreements place unfair restrictions on workers, limiting their ability to change jobs, pursue opportunities, and increase their income. To address this issue, multiple states have passed laws restricting non-compete agreements in certain situations, such as for employees under a certain income level. For employers in Florida, non-compete agreements are generally enforceable as long as their restrictions are reasonable and they are necessary to protect a company’s legitimate business interests.
When Can Business Litigation Address Anti-Competitive Practices?
The free market is based on healthy competition, and businesses can succeed by competing with each other to provide quality goods and services to consumers at the best prices. However, there are many cases where companies may attempt to unfairly influence the market and increase their profits by discouraging or eliminating competition. If a company has suffered harm because of another company’s anti-competitive practices, it may be able to pursue business litigation to address this issue.
Antitrust Lawsuits
Cases that address unfair practices meant to reduce competition are known as antitrust cases, and they may be filed in response to issues such as:
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Price-fixing - Multiple companies may create agreements to sell products or services at a specific price or within a certain price range. This can be harmful for consumers, since it will usually result in higher prices and restrict people’s ability to seek out the best value. Agreements between competitors to restrict production are also illegal, since they are attempts to unfairly influence the market.
What Methods Can Be Used to Resolve Partnership Disputes?
There are a variety of reasons that business partners may encounter disputes. Partners may disagree about the direction of the company, or one partner may be unhappy about how another partner has managed their responsibilities. Disputes may also involve allegations that one or more partners have acted inappropriately or illegally, such as by misappropriating a company’s funds for personal use or making decisions meant to benefit one partner at the expense of other partners or the business as a whole. When partnership disputes arise, partners will want to understand the methods that may be available to address these issues, reach agreements when possible, or determine how the end of the partnership will be handled.
Dispute Resolution Methods for Business Partners
If partners want to be able to resolve their differences and continue working together to manage their company, they may be able to work together to reach agreements on how the issues in dispute will be addressed. However, this is not always possible, and partners can often benefit by receiving assistance from outside parties. The methods of resolving disputes in these cases may include:
Non-Compete Vs. Non-Solicitation Agreements: What Is the Difference?
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.
How Can Landlords and Tenants Address Commercial Lease Disputes?
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:
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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.
What Issues Can Affect the Enforceability of a Business Contract?
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:
When Can Real Estate Developers Pursue Construction Defect Litigation?
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:
When Do Partners Need to Use Litigation During a “Business Divorce”?
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.
When Can Business Litigation Address Tortious Interference?
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.
Can Business Litigation Be Used to Recover Fraud-Related Losses?
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:
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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.
