There are two types of limited liability companies, member-managed limited liability companies and manager managed limited liability companies. In a member-managed limited liability company, each member has the right to vote on the management and conduct of the company. Fla.
Mavrick Law Firm
Mavrick Law Firm is a legal publisher that provides detailed analysis and commentary on business litigation and related legal issues. The firm focuses on topics such as breach of contract, non-compete agreements, trade secret litigation, trademark infringement, employment disputes, and fraud claims. Their content often explores procedural and substantive aspects of litigation, including injunctions, settlement proposals, and equitable defenses like unclean hands. The firm represents businesses and owners in federal and state courts and arbitration, primarily in Florida cities such as Miami, Fort Lauderdale, Boca Raton, and Palm Beach. Their publications serve to inform readers about legal standards, case law, and practical considerations in commercial and employment litigation contexts.
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MIAMI BUSINESS LITIGATION: PUBLICLY FILING TRADE SECRETS
Trade secrets must remain a secret first, and foremost. The definition of trade secret usually contains a statement to the effect of information that is “not being generally known to, and not being readily ascertainable by proper means by, other…
FORT LAUDERDALE BUSINESS LITIGATION: CORPORATE ATTORNEY CLIENT PRIVILEGE
The attorney-client privilege protects confidential communications between a lawyer his or her client. Jenney v. Airdata Wiman, Inc., 846 So. 2d 664 (Fla. 2d DCA 2003). In Florida, a client’s right to protect communications with his or her counsel comes…
MIAMI NON-COMPETE AGREEMENT: CONTRACTUAL AND STATUTORY HARM PRESUMPTIONS
Irreparable harm is a mandatory component to obtaining an injunction. Siegel v. LePore, 234 F.3d 1163 (11th Cir. 2000) (“A showing of irreparable injury is ‘the sine qua non of injunctive relief.’”). The existence of irreparable harm can be presumed…
MIAMI BUSINESS LITIGATION: UNWRITTEN CONTRACTS
Most breach of contract lawsuits involve a written contract. However, contracts do not have to be in writing to be enforceable. Many contracts can also be oral or implied through the parties’ course of conduct. To establish a breach of…
MIAMI NON-COMPETE AGREEMENT: PRESUMPTION OF IRREPARABLE HARM
Courts can enforce the breach of a restrictive covenant like a non-compete agreement by enjoining the defendant from taking additional actions that violate the non-compete agreement. Fla. Stat. § 542.335 (“A court shall enforce a restrictive covenant by any appropriate…
FORT LAUDERDALE NON-COMPETE AGREEMENT: INJUNCTION BOND AMOUNT
Temporary and permanent injunctions are often a part of restrictive covenant lawsuits and trade secret lawsuits. In facts, Florida’s restrictive covenant statute expressly contemplates enforcement of a restrictive covenant through an injunction and creates a presumption in favor of granting…
MIAMI NON-COMPETE AGREEMENT: FTC ALLOWS NONCOMPETITION AGREEMENTS
In September 2025, the Federal Trade Commission (FTC) formally withdrew its appeal in the pivotal case titled Ryan LLC v. FTC and Properties of the Villages v. FTC, which struck down the FTC’s 2024 attempt to generally ban non-compete agreements…
FORT LAUDERDALE BUSINESS LITIGATION: TRADE SECRET IRREPARABLE HARM
The injunction remedy is an important facet of a trade secret lawsuit because it precludes the misappropriator from using the trade secret. Courts can grant an injunction to prevent actual or threatened misappropriation or require affirmative actions to protect the…
MIAMI BUSINESS LITIGATION: IMPLIED-IN-FACT CONTRACTS
Contracts are usually expressed through writings or oral statements. But sometimes, contracts are implied through certain circumstances. These implied-in-fact contracts are recognized under Florida law. Bromer v. Florida Power & Light Co., 45 So.2d 658 (Fla. 1949) (“This Court should…