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Business Litigation Archives

Detailing deceptive and unfair trade practices

As a business owner or executive in Miami, you understand that the dealings between your company and your competition can become cutthroat. After all, your success often comes at their expense (and vice versa). However, this does not give either you or them the right to do anything in order to get ahead. Many of the client companies that we here at Welbaum, Guernsey, Hingston, Gregory & Black, LLP work with come to us believing that they their competitors have unfairly gained a market advantage over them. If you believe your company is facing the same predicament, then the question becomes when is a company simply outperforming competitors, and when is it dealing in unfair and deceptive practices? 

Break of fiduciary duty

Many corporations in Florida place their trust in another party in order to grow their business. Once an agreement is reached between a company and another person, there should be an expectation of trust. According to Cornell Law School, fiduciary duty is the responsibility of a person who has been entrusted with the care of a business or corporation to act in the business's best interests. The fiduciary may violate the duties of fiduciary trust in a variety of ways, but the primary breaches involve lack of loyalty and care.

$11 million Florida settlement may put developers on notice

According to a recent article published by The Real Deal in Miami, Florida, a judge approved an $11 million settlement in favor a homeowners’ association after the trial revealed the developer and its agents breached fiduciary duties to the association and acted in a manner that violated public policy. The judge also found that the developer, D.R. Horton and its employees “engaged in ‘immoral, unethical, oppressive, and unscrupulous’ trade practices.” Evidence presented at trial showed that the developer’s agents had not only failed to act in the best interests of the homeowners’ association for Majorca Isles in Miami Gardens, Florida but had engaged in “practices ‘that offend established public policy for its financial benefit.’”

What should I know about gender identity discrimination?

Discrimination in the workplace is a very serious matter that should concern both workers and employers in Miami. To this end, it’s important to understand gender identity discrimination to ensure all workers are treated equally. Failure to create an inclusive workplace is not only unethical, it can also result in your business being subject to a significant lawsuit

Should my company adopt a formal policy regarding cell phone use?

Nearly everyone has a cell phone or smartphone these days and it is no secret that they can be distracting, especially while driving. If you own a business in Miami, you are likely aware of many important safety issues when it comes to your employees. However, it may not have occurred to you to adopt any kind of policy regarding cell phones. You may want to consider banning their use entirely and here is why.

A look at the differences between a mediation and an arbitration

For business owners in Florida involved in any kind of litigation, avoiding a lengthy and expensive trial is often desirable. There are two alternatives that are commonly used, known as mediation and arbitration. Since they are different, it may be helpful to understand the advantages and disadvantages of each.

Does my company need a social media policy?

In this day and age, many Florida companies have learned the importance of having a strong online presence. Participating on social media can be a great way to remain in contact with your customers and to generate free marketing content for your business. While a good or humorous post can go viral in an instant, so can a bad one. Even if unintentional, a mistake on social media can have lasting consequences for your company. Therefore, you may find that shaping a social policy is a smart move to protect your company’s online reputation.

What is the Consumer Review Fairness Act?

If you own a company in Florida, chances are that a customer or client has written a review of your company online. The internet has provided people with a platform to comment and review on everything from their bank to their dry cleaner to their accountant. Receiving a negative review that you think is uncalled for can be extremely frustrating and disheartening.

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