A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

October 17, 2017

The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business Interests.  It follows logically then that they are only enforceable against certain employees and under certain circumstances.  Smart businesses employ expert counsel to draft them in a […]

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FIRE THEM! OR CAN YOU?

August 17, 2017

In the wake of the events in Charlottesville, a question came up in the business community.  Can you fire someone for being a white supremacist? The short answer in Florida is yes.  We are an at-will employment state.  You can fire someone for good reasons, bad reasons, or no reason at all.  You cannot fire […]

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THE SCOURGE OF PROFESSIONAL PLAINTIFFS

August 4, 2017

The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those among us suffering from a disability enjoy the same opportunities as everyone else. But it also seeks to do so reasonably. On the employment side, it insists on a […]

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BUT WE’RE FAMILY!

August 3, 2017

We’re all family.  We all get along.  So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? But consider an otherwise obscure Florida Supreme Court’s case, the first sentence of which, stripped of a forest of names in quotation marks and parentheticals, reads like this: “This […]

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YOU’RE ON JURY DUTY. NOW WHAT?

July 25, 2017

If you have been selected for jury duty, a New York Times headline might have grabbed your attention.  It said that “Jury Secrecy Doesn’t Apply if Bias Taints Deliberations.” This is inaccurate, if for no other reason that there is no such thing as jury secrecy.  Once the verdict is announced, jurors are free to […]

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DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

July 19, 2017

The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality Ann Coulter lambasted Delta on Twitter for making her change seat, Delta’s PR department did not say it all or early.  It reacted as emotionally as the rant to […]

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DOWN IN THE TRENCHES

February 10, 2017

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but not “necessarily.”  If you think that is a fine line, you are right.  Yet the difference is critical.  General damages are implied by the cause of action (breach of […]

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CHOOSE YOUR REGISTERED AGENT CAREFULLY

January 31, 2017

For businesses, the first quarter of each year brings a number of fiscal and legal obligations.  A business must, for instance, file its Annual Report with the State of Florida.  And when doing so, it must confirm (or change) the identity of its Registered Agent. Many business owners name themselves as their companies’ Registered Agents, […]

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HOW THE YEAR ENDED

January 24, 2017

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules of procedure. A few cases were handed down as 2016 came to an end that, while not directly applicable to our area of law, deserve mention in this blog. […]

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LOGIC OR EMPATHY?

January 20, 2017

Artificial Intelligence is one of science-fiction writers’ favorite foils.  A machine or gadget of some form, with infinite knowledge and ability for logic, provides the hero with all the answers, like a Deus Ex Machina in a Roman drama. But would we want such a perfect AI to be a Supreme Court Justice? Not if […]

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