Real Estate Broker - Employee - Non-Compete - Family Business
Manager of real estate brokerage business, also related through marriage to owners, was sued in nine separate counts, including theft of trade secrets, breach of contract, injunction and defamation, among others. Manager client went to work for another real estate broker. Case settled with no payment being made by client and client relieved of all restrictions on employment in exchange for releasing claim for attorney fees versus former employer and family member owners.
Sale of Business - Canadian Company - Breach of Contract - Unfair Business Practices
Owner of business which manufactured batteries sold company to Canadian Citizens. Terms of sale required ongoing payments by buyers to client for a number of years. Buyers stopped making payments contending they overpaid for the business. Sued buyers for breach of contract and fraudulent inducement. Case settled for monies owed client, nearly $100,000.00.
Internet Sales - Canadian Competitor - Hacking of Customer Information - Unfair Competition
Shoe store business client, engaging in retail, catalog and internet sales, had customer information hacked by a competitor from server hosting website. Competitor used information to solicit customers of client just prior to when client ordinarily would contact customers and offered similar discounts to those offered by client. Competitor was Canadian company and was sued in federal court based on Florida Computer Crimes Act and Florida Uniform Trade Secrets Act. Case quickly settled for six figures.
Breach of Contract - Cellular Telephone Company - Injunction
A dealer of cell phones for a large telephone company was allegedly in breach of their agreement which permitted them to sell the cell phones because, among other things, they were purporting to have sold phones which they had not sold, assigned a telephone number, put them in storage and took monies for the sales from the telephone company. An emergency injunction was obtained on behalf of the telephone company business client to prohibit the dealer from doing any further business on behalf of the telephone company.
Lender - Multi-Million Dollar Loan - Receivership
A large national business lender client loaned many millions of dollars to a business based on inventory and accounts receivable. Client learned that inventory and accounts receivable were not nearly what represented. Sought emergency appointment of receiver for business on behalf of client while keeping business premises under close surveillance so that remaining inventory would not be improperly removed. After lengthy evidentiary hearing receiver was appointed, business was sold and client was able to recoup a substantial amount of the money lent.
Medical Practice - Covenant Not to Compete - Injunction
Physician employee left practice and set up competing practice nearby. Employee had entered a non-compete with the medical practice business client. Sought an injunction prohibiting violation of the non-compete on behalf of the client. Employee retained Harvard law graduate at cost of $25,000.00 and was assured victory. After lengthy evidentiary hearing court found in favor of client, competing medical practice was closed, and former physician employee worked out of state for balance of period of required non-competition.
Breach of Contract - National Product Manufacturer - Fraudulent Conveyance
Large international manufacturing company business client extended significant credit to business purchaser of product. Purchaser was not making payment for product and client believed purchaser was moving assets to avoid having them taken in satisfaction of a judgment. Brought breach of contract and fraudulent conveyance action on behalf of client and obtained $600,000.00 settlement.
Limited Liability Company Ownership - Non-Competition Agreement - Property Management Company
Owner of a limited liability company ("LLC") property management business who had signed a non-compete left the company and established a competing property management business seeking to do business with customers of the company they left. Departed owner brought suit against the company they left claiming they had interfered with an advantageous business relationship of their new company. Defended case for property management business client and brought counterclaim against departed and competing owner for breach of contract, interference with an advantageous business relationship, specific performance, temporary and permanent injunction and an accounting. Obtained settlement for business client which required departed owner to tender their ownership interest without any compensation, no payment of any kind for any reason to be made by client, and a non-solicitation agreement to be signed by departed owner and two other employees who they had taken with them from business client.
Breach of Contract - ILSA - Developer
Physician brought suit against two limited liability companies and an individual with regard to the purchase of a lot for a medical office for breach of contract and violation of the Interstate Land Sales Full Disclosure Act ("ILSA"). Defended case as co-counsel for all defendants. Obtained dismissal of case without payment of any monies being made by business and individual clients.
Physician - Expert Witness Services - Dale Earnhardt
Physician client attended to famed NASCAR driver Dale Earnhardt immediately after his fatal accident. Client was subpoenaed to testify regarding the cause of death, and other matters requiring his expertise, in litigation brought by The Florida Alligator seeking the autopsy photographs of Mr. Earnhardt. The Alligator refused to pay the physician fees for his expert testimony contending he was merely a fact witness. Court ruled in favor of client and fees were paid.
Nonpayment - Fraudulent Inducement - Unjust Enrichment - Catalytic Converters
Kentucky company paid another party to acquire catalytic converters for them so that precious metals could be extracted and sold. Party was paid for far more catalytic converters than required to be delivered. Suit brought on behalf of Kentucky business client for fraudulent inducement, unjust enrichment and open account. Case settled to satisfaction of business client by payment of both cash and catalytic converters.
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