Category Archives: Business Litigation
RKJ Prevails in Bench Trial to Enforce Private Beach Easement on Palm Beach
The firm recently prevailed in a bench trial on behalf of several homeowners to enforce a private beach easement in the Town of Palm Beach. The firm’s clients are owners of residences located within the Esplanade Estates section of the Town of Palm Beach. They hold an easement that runs from North Ocean Boulevard… Read More »
“I Feel the Need for Speed!” – the Florida Supreme Court Abrogates the “At Issue” Rule and Declares Trial Continuances Should Rarely be Granted
The Florida Supreme Court recently adopted various new amendments to the Florida Rules of Civil Procedure that become effective on January 1, 2025. These amendments overhaul how trial courts will manage the cases before them, the speed in which cases will proceed through the judicial process, and material changes to the discovery process, including… Read More »
Tear Up All Non-Compete Agreements? Not so Fast
On April 23, 2024, the Federal Trade Commission (“FTC”) announced its Non-Compete Clause Rule (“Non-Compete Rule”)[1] which prohibits parties from both entering new non-competition agreements and enforcing existing non-competition agreements with limited exception.[2] As the rule was published in the Federal Register on May 7, 2024, the Non-Compete Rule has an effective date of… Read More »
Waiver of Arbitration Rights Under Florida Law
Arbitration is a form of alternative dispute resolution used to handle disputes between parties outside the court system. In this process, the parties have the chance to present evidence to an arbitrator or sometimes a panel of arbitrators if more than one arbitrator is used; an arbitrator is a neutral third-party who serves a… Read More »
New Federal Rule Prohibits Enforcement of Non-Compete Agreements
Since January 2023, the Federal Trade Commission (“FTC”) has considered adopting a new nationwide rule that would prohibit employers from not only entering but also enforcing non-compete agreements with employees (subject to certain exceptions, of course). According to the FTC, non-compete agreements negatively affect competition by hindering the ability of workers t change jobs… Read More »
What to Do When a Shareholder of A Florida Corporation Files for Dissolution
While there can be an unlimited number of shareholders of any given corporation, all shareholders are not going to have the same opinions, thoughts, or feelings on how the corporation should be run. Inevitably, this may lead to shareholder disputes. If a shareholder so strongly disagrees with how the corporation is being run, there… Read More »
Adoption and Implementation of Civil Differentiated Case Management Administrative Order 3.110 (“AO 3.110”) – Effective September 1, 2023
AO 3.110 replaces AO 3.107 – Adoption and Implementation of Civil Differentiated Case Management Plan for Cases Filed on or After April 30, 2021; and AO 3.108 – Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or Before April 29, 2021. Cases filed after September 1, 2023 will… Read More »
The Privilege Affirmative Defenses Against Tortious Interference Claims
Florida law recognizes claims for both tortious interference with a business relationship and tortious interference with a contractual relationship. These claims commonly arise in the business context when an outside business unjustifiably interferes with another business’ contract or business relationship with a third party. “Essentially, a claim of tortious interference with a contract and… Read More »
Substantial Amendments to Florida Laws Regarding Marketing Calls and Text Messages
As previously discussed here, Florida has specific laws related to how businesses can promote their goods and services through telephone or text-message marketing to Florida consumers. These laws are referred to as the Florida Telephone Solicitation Act (“FTSA”).[1] The Florida Legislature, however, recently amended the FTSA to curb the flood of litigation that resulted… Read More »
Adobe Inc. and U.S. Department of Justice Settle False Claims Act Case for $3 Million
On April 13, 2023, the United States Department of Justice (the “DOJ”) announced it reached a settlement with Adobe Inc. (“Adobe”) whereby Adobe agreed to pay $3 million to resolve False Claims Act allegations made against it by former Adobe insiders.[1] These allegations centered on Adobe making payments “in violation of the Anti-Kickback Act… Read More »