Tampa Business Litigation Blog

Zoning codes may hinder your business plan

On behalf of Barker & Cook, P.A. on Thursday, July 18, 2019.

If you are starting a small business, you have many things to consider. You may be working out the terms of a partnership agreement, planning your marketing strategies, and dealing with taxes and other legal issues. You may also be looking to purchase commercial real estate that is appropriate for your type of business.

It is not always easy to find a place that will provide the most effective exposure of your business, parking for your clients and the kinds of amenities that will draw customers to your doors. In addition to all these considerations, you will have to understand the zoning of the property you plan to purchase. You may find the perfect lot or building for your needs, but if it does not have the right zoning, are you willing to challenge the municipality's decision?

Preventing partnership disputes with careful planning

On behalf of Barker & Cook, P.A. posted in Partnership on Thursday, July 18, 2019.

There are a multitude of scenarios in which the relationship between two or more business partners in Florida and elsewhere might experience significant strain. Partnership disputes can stem from a variety of sources, ranging from differences of opinion over operational procedures to arguments over financial responsibilities. With a great deal on the line, business partners may find it vital to address all the necessary topics prior to signing the contract, as failure to put certain topics in writing could prove detrimental.

One of the first topics business owners may feel it essential to address when forming a contract could pertain to management responsibilities and rights. Setting clear terms on how to handle various company decisions could be essential. Without such terms in place, any disagreements concerning everyday operational procedures to major decisions about the future of the company could prove difficult to resolve.

3 accuse police chief of discrimination and harassment

On behalf of Barker & Cook, P.A. posted in Employment Law Disputes on Thursday, July 11, 2019.

Dealing with unfair or unjust treatment in a workplace environment can be a daunting experience. Individuals in Florida who are subjected to discrimination while on the job may suffer in a variety of ways and might not be certain how best to handle the situation. Three individuals in another state were recently awarded a judgment on $1.1 million after filing a lawsuit accusing a chief of police of discrimination.

According to reports, this lawsuit is one of many claims of unjust treatment filed against the police chief. Individuals who work for the chief claim to have been subjected to discriminatory remarks under a variety of circumstances, such as those pertaining to religious beliefs and ethnicity. Reports indicate that as many as 21 current or former employees have filed complaints of unlawful treatment and misconduct against the chief.

Zion Williamson faces breach of contract claim

On behalf of Barker & Cook, P.A. posted in Contract Disputes on Wednesday, July 3, 2019.

There are a multitude of companies in Florida and elsewhere who provide professional athletes with assistance in maximizing profits through endorsements. When the relationship between an athlete and an agency comes to a sudden end, both sides may have a great deal on the line and each may wish to take steps to protect their interests should the action be deemed unjust. Prime Sports Marketing has recently filed a lawsuit against NBA prospect Zion Williamson, accusing him of breach of contract.

According to reports, Zion initially signed a contract with Prime Sports after declaring his intention to leave Duke University and enter the NBA draft. However, Prime Sports says that in the months after the signing, Zion chose to enlist the services of another agency and sought out ways to end his previous arrangement. After attempts to void the initial contract failed, he reportedly filed a lawsuit accusing Prime Sports of illegally enticing him into signing an agreement.

McAfee files theft of trade secrets claim

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Wednesday, June 26, 2019.

There are a variety of measures a company in Florida or elsewhere can take to protect against the unauthorized sharing of sensitive information on company products and procedures. Should a company feel that another party has violated trade secret laws and misappropriated proprietary information, it may choose to seek restitution through litigation. McAfee has recently filed a lawsuit accusing three former workers and their new employer of theft of trade secrets.

According to reports, the incident began when one former McAfee employee resigned from the company and accepted a position with rival company Tanium. McAfee asserts that he then proceeded to convince two others to leave and join Tanium. The company subsequently accused him of violating the terms of his contract by attempting to poach employees and while investigating the matter, McAfee asserts that it discovered the former workers were sharing sensitive company information with its rival.

Are you considering filing a business lawsuit?

On behalf of Barker & Cook, P.A. on Friday, June 21, 2019.

As a Florida business owner, you want to do your best to keep your company, its assets and its proprietary information safe. Unfortunately, even after taking precautions, you could still wind up in difficult situations caused by other people. For example, a former employee may have violated a non-compete agreement or might have even provided a competitor with your company's trade secrets. Numerous scenarios could take place that put your business at risk.

When someone violates a contract, including non-compete agreements, nondisclosure agreements, partnership contracts and more, your company could suffer damages as a result. To remedy this situation, you may consider filing a lawsuit, but first, you may find it useful to determine whether that is the best course of action.

Bus company accuses school district of breach of contract

On behalf of Barker & Cook, P.A. posted in Contract Disputes on Thursday, June 20, 2019.

Business contracts between two more more companies in Florida and elsewhere can be complex documents with provisions that may prove highly debatable at times. Should an arrangement come to a sudden end, all parties involved could end up engaged in disputes over the interpretation and use of these provisions. A bus company in another state has recently filed a breach of contract lawsuit against a school district after the sudden termination of its contract.

The incident reportedly stems from a recent state audit that led to the discovery that the school district was missing documentation of background and clearance checks for its bus drivers. While attempting to resolve the matter, the district states that it was forced to close its schools for two days. The bus company states that the district subsequently accused it of violating the terms of the agreement and chose to terminate its contract.

Fox and Netflix engage in contract disputes

On behalf of Barker & Cook, P.A. posted in Contract Disputes on Thursday, June 13, 2019.

Many individuals in Florida and elsewhere may consider it vital to seek out ways to advance their career opportunities. In some cases, a person might be offered a position with another company to work within a similar field. However, should one's previous employer feel that the acceptance of a new position is in violation of a previous contract, litigation may ensue. According to reports, Fox and Netflix have recently become engaged in contract disputes under similar circumstances.

The dispute reportedly stems from an incident in which Netflix hired two former executives who previously worked for Fox. According to reports, Fox claims that both its former employees violated their employment contracts upon accepting a position within a rival company. Fox has also accused Netflix of taking measures to entice certain high-level executives to break their contracts and join the company.

Kaplan Professional accuses competitor of theft of trade secrets

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Thursday, June 6, 2019.

Many businesses in Florida and elsewhere may feel that protecting sensitive information is a vital component of safeguarding the longevity of the business. Should a company feel that a theft of trade secrets has taken place, it may have concerns over how the incident will impact operations. A training and educational services provider in another state has filed a lawsuit against a competitor after accusing two former employees of theft of trade secrets.

According to reports, Kaplan Professional claims the incident began when rival company Dalton Education began attempting to recruit its sales employees. Kaplan has accused Dalton of using recruitment methods to gain access into sensitive company information. The company asserts that Dalton intentionally sought to use this access to steal clients and further company growth.

Protecting company interests through noncompete agreements

On behalf of Barker & Cook, P.A. posted in Trade Secret And Non-Compete Disputes on Wednesday, May 29, 2019.

There may be a multitude of companies in Florida and elsewhere that seek to protect their business interests by requiring employees to sign noncompete agreements. However, there are a variety of scenarios in which a similar type of agreement might be deemed invalid. Business owners who wish to safeguard their interests could find it helpful to seek guidance on how to create enforceable noncompete agreements.

For a noncompete agreement to remain enforceable, there must be a valid reason for the agreement to exist. In some cases, business owners may implement a noncompete agreement to protect against the unauthorized sharing of sensitive company secrets and information. The agreement must also provide the other party with some level of benefit, whether in the form of an initial job offer for prospective employees or a pay raise for existing ones.