Employer Defenses to Protect Your Business from Employment Disputes

Find the Employment Law Advocates You Need At Trembly Law The Coronavirus (or “COVID-19”) crisis is generating seismic changes throughout the economic landscape of many, if not all countries throughout the world. Such changes force business owners and employers to consider how they manage their business operations, which in turn make it difficult to manage their employees. This translates to a number of employment Read More

How Non-Compete Agreements Can Violate Antitrust Laws

In a recent post, we provided some general do’s and don’ts for employers planning on using non-compete agreements to protect their legitimate business interests. Broadly speaking, there are several requirements for employers to meet in order for a non-compete agreement to be enforceable in Florida (an employer-friendly state). The main reason these requirements exist is to ensure that employers are able to compete Read More

Leaving the Partnership: What Are Your Duties?

In Florida, partners are expressly permitted to leave a partnership at any time as long as it is not in contravention of a partnership agreement or leaves as a result of going bankrupt during the term of the partnership. Florida has adopted the Revised Uniform Partnership Act. This allows the partnership to be treated as an entity, and therefore allowing it to continue to exist once the partners leave. However, a Read More

Independent Franchise Association Pros and Cons

If you are considering working with an independent franchise association, it is important to understand that there are benefits as well as disadvantages of going this route. Understanding all of the differences between them can help you make an informed decision about what is most appropriate for you. An independent franchisee association is an organization of various franchisees usually within one franchise Read More

Do’s and Don’ts of Non-Compete Agreements in Florida

Non-compete agreements, which are sometimes referred to as “restrictive covenants,” are highly debated and, sometimes, hotly contested (in court). Many states (like California) take the position that they are unfair to rank-and-file employees, while other jurisdictions (such as Florida) contend they are necessary for providing small businesses a fair shake in free enterprise. Even though Florida is rather friendly Read More

Taylor v. Caldwell: Understanding Impossibility Of Performance

In the past, we’ve discussed some of the issues which can arise when a party has difficulty performing the terms of a contract completely. For instance, we’ve discussed the concept of substantial performance. Today, we’re going to discuss another related concept: impossibility. Whenever a contract is breached, the question always comes up: how will the breach be addressed? Will the non-breaching party be entitled to Read More

Breach of Contract Damages: Penal Damages In Liquidated Clauses

Recently, we discussed the concept of liquidated damages in breach of contract cases. Liquidated damages are something which every business owner should know about. Nearly every business owner will come across these clauses at one point or another. As we know, liquidated damages are a fixed amount of compensation which is mutually agreed at the outset of a contractual agreement. In the event of a breach, these fixed Read More

Shareholder Derivative Litigation 101

A derivative action is a lawsuit brought by a corporation’s shareholders on its behalf against a third party. Usually, this third party is an inside member, such as a director or board member. Shareholder derivative litigation 101 doesn’t have to be rocket science. Let's go through some of the basics. Most jurisdictions require that the shareholder files a request to the corporation before bringing suit to resolve Read More

Using Hadley v. Baxendale to Understand Foreseeability

In some of our recent posts, we have touched on damage recovery in breach of contract cases. Having at least a basic understanding of damage recovery can be very valuable for business owners. At some point in your business career, you’re going to encounter a breach of contract, and it’s important that you understand how you may recover any damages incurred as a consequence of the breach. To build an understanding of Read More

A Quick Look at Quantum Meruit in Day v. Caton

Recently, we discussed the topic of damage recovery by examining the well-known case of Hadley v. Baxendale. As we saw in that case, damage recovery in breach of contract cases is limited by the principle of foreseeability, such that damages must be reasonably foreseeable to be recoverable. We will continue to look at core contract law issues in this post by examining the concept of quantum meruit. What Is Quantum Read More

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