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.
Florida Business Litigation Lawyer Blog
The Florida Business Litigation Lawyer Blog, published by Mavrick Law Firm, focuses on legal issues related to business disputes in Florida. It covers topics such as breach of contract litigation, enforcement and defense of non-compete agreements, trade secret misappropriation, trademark infringement, employment litigation, and claims involving fraud and tortious interference. The blog also discusses procedural aspects like proposals for settlement, injunctions in restrictive covenant and trade secret cases, and equitable defenses such as unclean hands. It provides analysis of relevant Florida statutes and case law affecting business litigation matters in state and federal courts and arbitration.
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Latest from Florida Business Litigation Lawyer Blog
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…