Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Business Torts Archives

Factors used to determine tortious interference with contracts


One of the basic principles of the economy in Florida is that there is competition. Therefore, there are many businesses who offer the same or similar services and products. This gives consumers choices to pick the product that best fits their needs and budgets. It also creates competition between companies to produce better products or services at competitive prices. However, this competition can also cause companies to try to gain an advantage over other companies any way possible.

There are rules that must be followed for payment of royalties


There are many different types of music and people in Florida listen to all of these different types of music. There are also many bands and other musical artists that create the music that people listen to. The people who make the music and their labels use the music to make their living so it is very important for them that they receive the money that people pay in order to listen to it.

Accountants must meet professional standards


The year has just begun in Florida, and people have started getting back into their normal routines after the holidays. This means that people and companies will now start the process of doing their taxes. There is now a new tax law in place, and this means that there are changes that both businesses and individuals need to start following. It is important that tax documents are prepared correctly because it is not good to be in trouble with the IRS.

When does one have a tortious interference claim?


Businesses in Florida generally enter into contracts in order obtain some benefit for their companies. There are a variety of types of contracts that they enter into, in which one business provides goods or services to another for compensation. These contracts can be very lucrative, but since many businesses offer similar goods or services, there can be competition among them to secure contracts and the compensation that comes with these contracts.

Assisting companies when business torts arise


There are many different businesses in Florida. However, no matter how big or how small a company is, it needs to have good leadership to be successful. Obviously larger companies will need more people in positions of leadership than smaller ones, but all those in leadership positions need to work together in the best interests of the company. However, this is not always the case and sometimes people in positions of power will act on their own behalf instead of the company's behalf.

What is the business tort of usurpation of corporate opportunity?


Officers and directors within companies in Florida have many responsibilities. The most basic responsibility is to make sure that the business runs correctly and is profitable. In order to do this, they need to make sure that they maintain good relationships with potential clients and others who could provide the company with business opportunities. When these officers and directors receive various potential business opportunities they need to decide which ones are good for the company and which ones are not.

What is fraudulent misrepresentation in contract disputes?


When businesses in Florida interact with other businesses and individuals, generally it is done through contracts. The parties to the contract agree to do certain things in exchange for something else, and when the parties reach an agreement it is generally then written down and the parties will sign a formal contract. When businesses enter into these contracts though, they have to have some assurances that the other party is capable of doing what they are agreeing to do.

What is a business tort in Florida?


Financial loss is an inherent risk to any business. Market conditions can change, competition can become fiercer and customers may disappear. These are all possibilities that any firm faces when wading into the waters of the free market. On the other hand, when financial loss is caused because of the actions or inaction of another business, individual or group of individuals, it is not something that a firm would normally expect to encounter as a part of its day-to-day operations.

Case illustrates importance of non-compete agreements


The importance of a non-compete contracts for companies' key personnel and executives cannot be emphasized enough. South Florida firms, whose executives, technology, creative and sales leaders are trusted with developing and protecting proprietary business information, should ensure that their interests are protected by requiring all such employees and executives to enter into such contracts. Non-compete agreements protect a firm's secrets, proprietary information and enterprise knowledge from being shared with or disclosed to competitors.

Massive Medicaid fraud leads to moratorium in Miami, Broward


A state-wide program that funds costly treatment for low-income children who suffer from autism was dealt a blow this month when regulators put a hold on enrollment of new behavioral analysis therapists. Regulators blamed the moratorium on widespread fraud and overbilling by individuals and agencies who were supposed to be delivering this effective type of therapy to needy autistic children in Miami-Dade and Broward counties, and across Florida.

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