Payton & Associates, LLC

Miami Business Litigation Lawyers

2 S. Biscayne Blvd., Suite 2300
Miami, FL 33131

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Payton & Associates, LLC

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  • The Florida Bar Board Certified Business Litigation
  • The Florida Bar Board Certified Civil Trial

Miami Business & Commercial Law Blog

Filing a lawsuit after a construction defect

A building's infrastructure is something we all take for granted. Unfortunately, some buildings and houses in Florida are not built according to contract or regulations. These defects in the structure can result in a great deal of construction litigation. Oftentimes, the builder or developer will find themselves in disagreement with a homebuyer. There are also a number of cases where contractors are in dispute with subcontractors who have worked on the home.

In these cases, the party or parties responsible for a construction defect can be held liable in court and be expected to remedy the damages they caused if a lawsuit is filed. Lawsuits are often based on negligence, breach contract, fraud or breach of warranty claims.

What are the legal requirements for non-compete agreements?

Generally, non-compete agreements are designed to prevent an employee from learning all the information a company has to offer and using the information they learn to help a new company. The purpose of non-compete agreements is to protect the company when they share proprietary secrets with employees. As a result, these agreements are the source of a number of business disputes in Florida.

Non-competes are intended to protect the employer more than the employee. Employers take risks to hire the employee and trust that the employee will not divulge its secrets elsewhere. However, that doesn't mean that an employer can take advantage of an employee through the agreement.

Royalty dispute causes trouble between Apple and Qualcomm

When an owner of a patent, copyrighted material or property allows another party to use their work, they can require the user to pay them royalties. Royalties can equal a percentage of the revenue earned by using the work. When the user refuses to pay the royalties, a royalty dispute will likely arise between the two parties, causing business relationships to suffer.

According to a recent report, Apple originally had a deal with Qualcomm requiring them to pay Qualcomm royalties for every iPhone sold in exchange for use of Qualcomm's microprocessor chips in the phones. The problem is that Apple recently started using modern Intel chips in half of the iPhones used last year. Apple then refused to pay royalties owed to Qualcomm, saying that they were excessive.

Helping companies in Miami with business litigation

Successful business owners put their time, energy and hard-earned money into their companies to ensure that everything runs smoothly. When you make a deal with another company, you expect that the people you deal with will follow through with their end of the bargain. All business dealings are completed on the basis of good faith, meaning that all parties implicitly agree to act honestly.

Sale of Miami-Dade industrial buildings worth over $60 million

Commercial real estate transactions of any kind can be complex and involve a number of negotiations during the process. A high-end real estate company based in Boston, TA-Realty, was involved in a transaction that could mean major changes to the Miami-Dade commercial real estate scene.

Realty Associates Fund IX, part of TA-Realty, recently sold 45 properties to real estate funds belonging to Brookfield Property Group based out of New York as part of a national portfolio deal worth $854.5 million.

How can I refinance my commercial real estate?

High-end real estate developers or owners in Florida may end up in a situation where they have to refinance their mortgage. For example, if you need the money you were going to use towards your mortgage payment to make repairs to your property, refinancing your mortgage can give you an alternative to making that large payment. Refinancing your loan can even lower your interest rate.

If you plan to refinance your commercial real estate mortgage, you will need to stay organized and make sure that you prepare all the correct documents. You will need to submit tax returns, profit and loss statements and other documents to your lender so they can determine whether to allow you to refinance. The more solid your business plan is, the more likely it is that you will qualify for a refinanced loan.

Florida-based company sues tribe for $21 million

When two parties disagree about the terms of their contract, their once seemingly perfect business transaction can turn into a full-on contract dispute. Contract disputes can be messy and cause all parties to lose time and money. According to a recent report, Osceola Blackwood Ivory Gaming Group, a Florida-based company responsible for managing Chukchansi Gold Resort & Casino, is filing a lawsuit against the Chukchansi tribe and the Chukchansi Economic Development Authority for the $21 million they allegedly owe.

Florida-based company acquires Cheddar's Scratch Kitchen

Florida-based company Darden Restaurants, Inc. recently acquired Cheddar's Scratch Kitchen from Arlington. Darden's is a giant in the restaurant industry, owning major chains such as Olive Garden, LongHorn Steakhouse and The Capital Grille. When a purchase like this is made, companies often have to sign purchase and sales agreements to ensure that details of the sale, such as the purchase price, type of transaction, payment terms, liabilities and other critical information is documented. The final agreement will be binding and will be critical if the two parties ever end up in court to handle a dispute.

Darden purchased Cheddar's with an all-cash transaction from its stockholders. Private equity firms such as L Catterton and Oak Investment were involved. Darden's will pay $780 million, plus $10 million to pay back equity holders for new restaurants that are already being created. The $10 million will also go towards taxes associated with the transaction. The transaction will be completed in 2017 during Darden's fiscal fourth quarter.

Non-compete agreements act as contracts

When two multi-million dollar companies engage in similar business dealings, it can be important for those companies to protect their individual interests. That is why many Florida companies have non-compete agreements in place to protect confidential information and make sure that their business continues to thrive and grow in the community.

Many times, employers require employees to sign non-competition agreements to ensure that they do not reveal confidential information to a competitor upon leaving the company. These agreements, however, can apply to anyone who interacts with the company and comes across confidential information or information that can dramatically impact the business overall. While not all employees need to sign these agreements, all types of employees may be subjected to them, including directors, officers and administrative assistants.

$1 billion project focused on development of Miami strip

Many commercial developers in Miami have an eye for finding the perfect area to execute their vision. Wealthy businessman Alan Faena, along with billionaire Len Blavatnik, were no different when they began a $1 billion project in 2013 to develop a once-forgotten piece of the Miami strip. The area is now known for its glamorous hotels and condos, as well as a performing arts center. Commercial real estate development like this requires extensive planning and careful consideration of land use regulations, though, in order to be successful.

The heart of this area is the luxury Faena Hotel, whose interior d├ęcor is designed by famed director Baz Luhrmann. The hotel has undergone many over-the-top renovations, but has maintained the original Art Deco structure of the Saxony Hotel, which was built there in 1947. Rooms at the hotel start at $745, but there are cheaper rooms at the Casa Faena guesthouse nearby. The area also includes the Faena Forum, which was inspired by Rome's Pantheon. Real estate experts would like to see the area become more pedestrian friendly in the future but are generally thrilled with how much the district has done for Miami arts and culture.