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Orlando Business & Commercial Law Blog

Business owners: Consider alternative dispute options

Any time a business dispute arises, the parties involve typically want it resolved quickly and in their favor. However, not everyone can get everything they want in these situations. In some cases, one side wins and the other side loses after a lengthy court battle; in other cases, negotiations are made and resolutions are reached before the case heads to trial.

If you are currently facing a commercial or business dispute, you may expect that you will have to go through stressful civil litigation to resolve an issue. However, there are alternatives to litigation that you may want to consider. Doing so can save time and money, though you should be prepared for compromises and/or settlements that may be more or less than what you were expecting.

Considering how contract disputes affect consumers

Contracts can be the backbone of any business relationship. However, it is important to appreciate the fact that these contracts and the terms set therein can affect parties other than those directly linked by the contract.

For example, let's consider the frequent disputes between broadcasters and cable providers. For years, clashes have arisen between these two parties that typically end with channel blackouts and/or contract re-negotiations. While both sides in this matter have issues that need to be resolved thoughtfully and carefully, the impact of these situations on consumers should not be overlooked in how these negotiations proceed.

Helping businesses that have suffered trade secret infringement

There are many different things that could potentially give a company a leg up over the competition. Examples of such things include: superior products, strong marketing, a loyal customer base and a reputation for quality. Another such thing is the information the business has. A company's product information, client information, systems and ideas can play a big role in the company's competitive strength.

Some of a company's information may qualify as trade secrets. Many businesses put significant effort towards keeping their trade secrets carefully protected. One example of such a protection effort is having employees sign non-compete agreements.

Legal support necessary when it comes to construction disputes

Whether you are involved in the construction of a single home or a huge commercial building, you can find yourself dealing with a number of issues regarding construction law. From securing land to completing the construction, there are many different actions and agreements that will need to be in compliance with state, federal and local laws or else legal disputes can arise.

In best-case scenarios, construction projects are completed with few or no legal disruptions. However, if and when a disagreement does arise, it can be very complicated to resolve them.

Property owner ordered pay $5.2 million

Many business relationships work out as expected when both sides have a contract in place. One party does something they agreed to do and then gets paid by the other party upon completion.

However, there are times when one or both parties fail to do what they said they would do and this can lead to legal disputes that take much more time, energy and legal action to resolve. For example, one Florida man has filed yet another lawsuit seeking $5.2 million from his former company, a venture capital firm with ownership of a mall. He maintains the company should have paid him this sum in accordance with a contract that was in place, but the company has failed to do this.

Material versus immaterial breaches of contract

Contracts can be the backbone of any successful business relationship. They dictate what actions or efforts will be expected, prohibited or permitted and they set strict limits and rules on when certain aspects of the contract will be fulfilled.

If either party fails to perform their duties as dictated in the contact, there may be grounds to pursue legal action based on a breach of contract. However, not all categories of breaches will result in legal remedies.

Florida business owners: Are your trade secrets protected?

Competition in the business world is inevitable. For every product or service that is released, it isn't long until a similar business crops up. Considering how prevalent competition is and how important it can be to the marketplace, companies need to be sure they are taking the appropriate measures to protect the tools or ideas that set them apart from their competition.

These assets that contribute to a unique function or feature of a business may be considered trade secrets that can and should be protected. 

What's the difference between a latent and patent defect?

Throughout the lifespan of a building, there are several different issues that can crop up, whether they involve problems during construction or maintenance issues years down the road. In general, the property owner will need to take on the responsibility of tending to these issues and making any necessary repairs.

However, in cases where there is a construction defect, the financial obligation to remedy the situation could fall on another party. Determining who may be held accountable for the defect will involve examining what type of defect it is: patent or latent.

Contract disputes can be avoided with lease negotiations

Many business owners in Orlando choose to rent office space instead of buying property. There are pros and cons to both buying and leasing, but leasing is certainly a popular option for people who favor a less permanent arrangement.

Leasing is not without problems, however. Depending on the length of a lease, there are several issues that can come up and spark a dispute between tenants and landlords. In many cases, these disputes need to be resolved through mediation or litigation, but because of how complicated and costly these methods can be, it can be wise to try and address potential disputes before they even come up. This can be done when parties are negotiating the lease prior to signing it.

Boxer Mikey Garcia's lawsuit to end contract clears legal hurdle

Professional boxing in the U.S. has had a long and storied history -- and so do boxing promoters. In 2000, Congress took notice of promoters' history of widespread abuse and exploitation of fighters and other wrongdoing by passing the federal Muhammad Ali Boxing Reform Act.

Last year, former WBO super featherweight World Champion Mikey Garcia filed suit against boxing promoter Top Rank, and part of his lawsuit made claims under the Ali Act. Unfortunately for Mikey, that lawsuit has met with procedural blockades at every turn. He filed in a California state court; it was transferred to a federal court in California, which itself transferred the case to another federal court in Nevada. Since the claims under California law were dismissed, Garcia asked for leave to amend his complaint by adding claims under the Nevada boxing regulations.