While fraud typically includes a fraudulent misrepresentation, under certain circumstances, omission of facts can also constitute fraud. In Florida, the elements of a claim of fraud are “(1) a false statement concerning a specific material fact; (2) the maker’s knowledge
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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FORT LAUDERDALE BUSINESS LITIGATION: PRIVILEGED FEE RECORDS
A litigant cannot generally obtain its adversary’s attorney’s fee records pre-trial because those records are privileged. Tumelaire v. Naples Ests. Homeowners Ass’n, Inc., 137 So. 3d 596 (Fla. 2d DCA 2014) (“As to the information on the fee arrangement between…
MIAMI BUSINESS LITIGATION: FRAUDULENT REPRESENTATION VS. NEGLIGENT REPRESENATION
Fraudulent misrepresentation and negligent misrepresentation are similar claims. Both involve the expression of a false statement. However, there are differences between the two, and those differences can alter the outcome of a business dispute if they are not considered carefully.…