Tampa Business Litigation Blog

Protecting against theft of trade secrets in a digital era

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Wednesday, February 13, 2019.

Many companies in Florida and elsewhere place a high value on protecting the sensitive information on which their success is built. However, while this used to involve securing documents in a locked drawer or safe, protecting trade secrets in a digital age can be a more intricate process. Company owners may wish to know more about how to spot a potential theft of trade secrets, and what steps to take should this occur.

A company's trade secrets can consist of various types of information, such as product recipes or designs, or even client data. With many companies using online outlets to store company information, the threat of losing or having this information stolen is ever-present. The theft of proprietary information can impact a company in a variety of ways, some of which could prove disastrous.

Marketing company files lawsuit over noncompete agreement

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Thursday, February 7, 2019.

Many businesses in Florida may require employees to sign an agreement stating that they will not accept a position with a rival company for a set time period upon leaving the company. However, when it comes to enforcing a noncompete agreement, some may argue that the terms within are too broad and restrictive. A marketing agency in another state has recently filed a lawsuit against a former employee after claiming he violated his noncompete agreement.

New Boston Creative Group filed the lawsuit against a former employee after he is said to have accepted a position with another marketing company named 502. The company claims that he signed an agreement stating that he could not accept a job with a competitor within 50 miles for up to one year after his employment was terminated. The company says it is concerned that he will attempt to draw customer contacts away, and it is seeking to block him from retaining his new position.

PGA files breach of contract lawsuit against tour sponsor

On behalf of Barker & Cook, P.A. posted in Contract Disputes on Thursday, January 31, 2019.

Becoming a sponsor for a major business entity can give a company in Florida or elsewhere a substantial amount of exposure. However, it can also be a major responsibility, and should either party fail to fully comply with the terms of the arrangement, heated disputes may ensue. The Professional Golfer's Association has recently filed a breach of contract lawsuit against a tour sponsor after claiming the company failed to keep up with sponsorship fees.

The lawsuit reportedly stems from an agreement between the PGA Tour and the company Digital Ally. The company entered an arrangement to become a sponsor for the tour and have one of its tournaments named the Digital Ally Open. Although the deal was originally set to continue for a five-year period, the PGA Tour asserts that the other company hasn't paid its annual sponsorship fees for two years.

Harley Davidson accuses 1 of violating noncompete agreement

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Thursday, January 24, 2019.

After building a healthy reputation over years of service in their respective fields, some individuals in Florida and elsewhere may wish to try their hand at entering the realm of self employment. However, should a person choose to operate in a similar field, his or her previous employer might contest that the move is in violation of a noncompete agreement. A Harley Davidson dealership in another state has recently filed a lawsuit against a former employee under similar circumstances.

After working as a mechanic for a Harley Davidson outlet for more than 20 years, the man set out to open his own business. He says that his initial intention was to work on dirt and performance bikes. However, he asserts that he began receiving requests from former clients asking him to service their bikes and says that he eventually ended up opening his own shop several months later.

Does your employer comply with the FMLA?

On behalf of Barker & Cook, P.A. on Tuesday, January 22, 2019.

Do you understand your rights at work when you get sick, have a child or care for a family member with a serious illness? If you do not know your protections under the law, you may want to speak with your Florida employer. It is possible that he or she has neglected to inform you of your rights under the Family and Medical Leave Act.

The FMLA provides you with time off, usually unpaid, to tend to your own or a family member's medical situation without fear of losing your job. Whether your family has welcomed a new child through birth or adoption, you or a family member have a serious medical condition to which you must attend, or you must take care of certain responsibilities related to the active duty of a military family member, you have rights and protections that your employer must respect. Unfortunately, this does not always happen.

Ford Motor Credit accuses dealerships of breach of contract

On behalf of Barker & Cook, P.A. posted in Contract Disputes on Thursday, January 17, 2019.

There are many companies in Florida and across the nation that have reached an agreement to allow another entity to sell their products. In this contract, a company may wish to set clear terms as to how the other company will pay for services rendered, and should this party fail to uphold its end of the bargain, the other party may choose to take steps to recover its losses. Ford Motor Credit has recently filed a breach of contract lawsuit against an auto group after claiming the dealership failed to provide restitution after selling vehicles out of trust.

Ford Motor Credit says it became aware of the incident when one of the dealerships in the arrangement became the subject of an audit. During the audit, Ford allegedly found out the dealership had been selling vehicles without its knowledge, and without providing Ford with the necessary compensation. The company asserts that the group attempted to cheat the system by obtaining double financing for each vehicle through fraudulent means.

Resolving partnership disputes might not always be an easy task

On behalf of Barker & Cook, P.A. posted in Partnership on Thursday, January 10, 2019.

Taking on a business partner can be an exciting endeavor and may bring the potential promise of lifting a company to new heights. However, things don't always go as planned, and should either party fail to perform in a satisfactory manner, intense partnership disputes may arise. Resolving similar forms of conflict can be a complex process which may in some cases leave a person in Florida preparing to protect his or her interests through litigation.

With a great deal at stake, business owners who feel that a partner's performance is lacking may wish to take steps to address the issue and figure out a way forward. In some cases, this may involve little more than speaking with the other party and making one's concerns known. When preparing for a similar conversation, it could be helpful to review the original partnership agreement, as this could help provide insight into the areas that need to be addressed.

Insurance company claims employees violated noncompete agreements

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Thursday, January 3, 2019.

Many businesses in Florida and elsewhere are constantly attempting to come up with ways to keep an edge over competitors. While in many cases, this may involve little more than developing new operational strategies, sometimes a business may contest that a rival's actions were unlawful and have given it an unfair advantage. An insurance business in another state recently filed a lawsuit after claiming several former employees violated their noncompete agreements by accepting a job with a competitor.

According to reports, Northwest Insurance Services filed the lawsuit against First National Insurance Agency. In the lawsuit, Northwest accused the rival company of enticing employees to leave Northwest and accept a new position. The company claims that at least four employees violated their noncompete agreements by making the move and assert that they took numerous clients with them in the process.

2 accuse emergency services department of discrimination

On behalf of Barker & Cook, P.A. posted in Employment Law Disputes on Thursday, December 27, 2018.

There are a multitude of scenarios in which companies in Florida and elsewhere may choose to fire an employee, and losing a job can be a devastating experience. While in many situations, a company might be able to justify its decision to terminate an employee's position, sometimes workers may feel as though the act came as the result of retaliation or discrimination. Two women have recently filed a lawsuit that accuses their former employer of gender discrimination and unlawful termination.

According to reports, both women previously held positions within an emergency services department in another state. While working in this field, they claim they were constantly subjected to unfair treatment based on their gender. Both woman reportedly assert that male employees in the department earn higher wages on average and are given more vacation days that their female counterparts.

Has a past employer accused you of breaching a noncompete?

On behalf of Barker & Cook, P.A. on Monday, December 24, 2018.

Whatever the reason for leaving your job, you ideally had a new job waiting for you or you made finding work your top priority. If you left your former job on good terms, you may have used your employer for a reference and even detailed on your resume the skills and strategies you learned at your previous job. In fact, those newly learned skills and strategies may have been the advantage that won the new position for you.

Your new employer may have wasted no time picking your brain about the way things operated at your previous job. Perhaps your boss even offered you a quick bonus for pointing the company in the direction of potential clients you met at your old position. These or similar actions may have been the catalyst for your former employer notifying you of his or her intent to sue you for breaching your noncompete agreement.