Payton & Associates, LLC

Miami Business Litigation Lawyers

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

Contact Contact (305) 372-3500

Payton & Associates, LLC

  • AV Preeminent
  • Rated By Super Lawyers Harry A. Payton Selected in 2014 Thomson Reuters
  • The Florida Bar Board Certified Business Litigation
  • The Florida Bar Board Certified Civil Trial

Miami Business & Commercial Law Blog

How can I file a lawsuit for tortious interference?

When businesses enter into a contract, there is an understanding between them that both parties will act in good faith and do their best to hold up their end of the deal. However, when a third party interferes with the contract with the purpose of forcing someone to break a contract or ending a professional relationship, the aggrieved party may file a lawsuit against that party for tortious interference.

Tortious interference, or the interference with contractual relations, occurs in many different ways. In order to prove a case against a party guilty of tortious interference, you will have to show that the defendant intentionally and improperly interfered with a contract by using blackmail, force or other inappropriate methods to get one or both parties to violate a valid contract. In order to be guilty of tortious interference, the defendant must have been aware of the existing contract or relationship between the parties and actually have interfered with the contract. Unsuccessful attempts to force parties to break their contracts do not constitute tortious interference. They must have also either intended to interfere with the contract or been aware that their behavior would likely interfere with the contract.

Former Amazon executive faces lawsuit for violating non-compete

When an employee signs a non-compete agreement, they generally are not allowed to work for a competitor of their current employer for a set number of months after leaving said employer. A violation of a non-compete agreement is considered a breach of contract and can mean penalties for the breaching party.

Amazon Web Services recently filed a lawsuit against a former executive of enterprise applications who allegedly violated his non-compete agreement when he started working for rival company, Smartsheet, before the 18-month waiting period mentioned in the agreement ran out. The man signed on to be the business software company's vice president of product. The employee says that Smartsheet is not a rival to Amazon, but rather a partner.

What kind of construction disputes can occur in Miami?

Construction projects in Miami, as well as in other parts of Florida, may involve the creation of corporate buildings, residential buildings, roadways, bridges industrial plants and many other structures. Regardless of what type of property you are developing, you will likely be required to enter into construction contracts and work with other parties to determine the terms of these contracts. When these terms are unclear, the parties may disagree on what was agreed upon and end up in a major construction dispute.

Many disputes stem from a breach of construction contract. A construction contract should specify the type of work to be completed, financial details, a timeline for the completion of the work and other important details. When the property owner, contractor or subcontractor fails to adhere to the terms of the contract, a breach has occurred, leaving the contract broken. For example, a contractor may complete work on the property and demand payment, but the building owner may say that they did not complete the entire job and refuse to pay. There may also be disputes between the contractor and sub-contractor regarding the scope of the job.

Super Lawyers Florida 2017 Recognizes Commercial Litigation Attorney Harry Payton

Harry A. Payton has been selected to the 2017 Florida Super Lawyers list of "Top Rated Business Litigation Attorneys" for the 12th consecutive year. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Hyatt maintenance dispute settled for $4 million

The City of Miami has agreed to pay Hyatt Equities close to $4 million in a settlement resolving a maintenance disagreement. The business dispute between the city and Hyatt has been going on for years and was stopping the two parties from moving forward with their plans to redevelop the area.

The dispute involved Hyatt's Miami River hotel and the costly maintenance that was done on the aging property. Hyatt was unhappy with the fact that police and firefighters have been forced to work with malfunctioning equipment. However, Miami commissioners have made amends by agreeing to hire a company to redo Miami's emergency radio system. Additionally, in the reconciliation agreement, Miami agrees to pay $2.2 million for safety-related maintenance work on Hyatt's property and $1.7 million in rent to cover value depreciation and other costs.

What do I need to put in my purchase and sale agreement?

If you are buying or selling a business in Miami, you will need to draft a contract to ensure that your sale is protected. The most important thing to remember when drafting a purchase and sale agreement is to include enough detail to protect you from business disputes that may arise in the future.

Both parties signing the contract must be aware of exactly what they are agreeing to. All parties involved must be correctly listed on the contract, with their full names, business affiliations and addresses, so that no one can get out of fulfilling their end of the bargain. The items involved in the sale should also be named, including any logos, physical assets, patents and other inventory. The description of each item should be specific enough to avoid any confusion as to which item is which.

Apple and Nokia resolve patent dispute

When large companies enter into business together, both businesses are looking out for their own best interests. Sometimes this results in major disputes between the companies. Apple was in the news earlier this year for a battle with Qualcomm over licensing fees. Now, the iPhone maker is in the news again after another business dispute, this time with Nokia.

The two companies were in a dispute over Apple's legal right to use Nokia's patents and other intellectual property. Nokia owns multiple patents used in Apple phones and other devices. The technology giant argued that Apple should pay for any technology used in iPhones and other Apple devices. Apple had announced earlier this year that they would no longer pay to use Nokia's patents, claiming extortion.

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.