Florida Construction Contracts: Significant Changes in the 2017 AIA Documents...
The 2017 revisions to the A201 improves the Contractor’s ability to request and obtain financial information from the owner throughout the project. On most projects, Owner’s typically create a single...
View ArticleSuing Consumer Bureaus: An Interesting Canadian Law Distinction
In the US, it is almost universally established that BBB grades are opinion statements entitled to absolute privilege under the First Amendment of the Constitution. Some inroads on BBB liability have...
View ArticleFlorida Construction Contracts: Significant Changes in the 2017 AIA Documents...
The new E204 Sustainable Projects Exhibit addresses the risks and responsibilities unique to projects involving sustainable design and construction. The AIA has taken many of the provisions found in...
View ArticleFlorida Construction Contracts: Significant Changes in the 2017 AIA Documents...
According to the AIA, the 2017 document set simplifies the payment provisions found in the older documents. In order to simplify the payment provisions, the AIA merely reorganized the items to be...
View ArticlePersonal Liability of Employees for Misrepresentations in Performance of a...
While post-Tiara, the Economic Loss Rule (“ELR”) is limited to products liability cases, the Tiara progeny firmly establish that the independent tort doctrine (“ITD”) is alive and well. In a nutshell,...
View ArticleEnforcement of Florida’s Noncompete Statute in Foreign Jurisdictions
Florida statute, F.S. §542.335, governs the enforcement of noncompete agreements that are subject to Florida law. While a “reasonableness” standard is employed throughout the statute, Florida’s...
View ArticleFlorida Non-competes: Enforceability and Application of Non-Solicitation...
An employer has a legitimate business interest in prohibiting an employee from soliciting customers whom the employer has a substantial relationship. Hilb Rogal & Hobbs of Fla., Inc. v. Grimmel,...
View ArticleFlorida Noncompete Agreements: Drafting Noncompete Agreements Under Florida Law
Florida’s noncompete statute, Fla. Stat. 542.335, provides numerous protections to employers or business purchasers who are looking to safeguard a company’s goodwill, trademarks and the like. Still,...
View ArticleFlorida Noncompete Agreements: Reasonable Duration of Noncompete Restraint
In order to be enforceable, must be reasonable in both the duration and scope. Duration refers to the length of time for which a noncompete agreement remains valid and enforceable. Scope, on the other...
View ArticleFlorida Noncompetes: The Cessation of Business Defense
In Florida, a party opposing enforcement of a non-compete agreement may raise as a defense that the employer, or other enforcing party, no longer continues in the same business. Florida Statute §...
View ArticleFlorida Noncompete Agreements: When Are Trade Secrets Protected Under Florida...
Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas,...
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