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Business Litigation Archives

Ponzi scheme case ends in $17.4 million judgment

It has taken seven long years, but the victims of a precious metals Ponzi scheme may finally be able to recover some of their lost investments now that the court has entered a $17.4 million judgment against the investment company's founder for breaching his fiduciary duty to his investors.

When non-compete agreements go too far: Important things to know

When does a non-compete agreement protect an employer's legitimate business interests and when does it unnecessarily limit someone's ability to make a living? In general, it's estimated that one-fifth of the United States' workforce is under a non-compete agreement. However, those agreements are facing increasing scrutiny and many may not be enforceable.

Time to close up shop? Here's how to do it

Whether your business is struggling financially or you've decided it just isn't what you love to do anymore, if you're closing down, there are some things you need to know. Hanging a closed sign on the store isn't going to cut it — there are contracts with employees, obligations to creditors, tax implications and more to figure out before you can actually bid farewell.

Do I really need a business lawyer?

When you're starting a business, funds are tight. You run the numbers, and there's just never enough to go around. So many small businesses see business lawyers as a luxury or as an emergency flotation device; you'll only need one when things get dicey. However, having an attorney by your side may actually save your business money in the long run. That's because business attorneys do a whole lot more than just bail businesses out of trouble.

Understanding opinions vs. deceptive trade practices

The internet has helped to make consumers significantly savvier than they were a decade ago. It's now common to see someone standing in an aisle of a store, looking up information on their phone before making the decision to buy a product. Manufacturers have to think twice before making claims as it only takes ten seconds for a buyer to perform a Google search to discover that the "world's best" gizmo has a host of problems and negative reviews.

The high price of fraudulent products

The Internet has forever changed the way retail companies do business. Online marketplaces and plug-and-play website creation sites make it simple for any layperson to open an ecommerce business. These platforms allow businesses to reach customers that they would not otherwise have the power to reach.

3D printing is a game changer for product liability

Not that long ago, 3D printing was considered a revolutionary idea. Once found solely in the domains of large industries like aerospace engineers and medical device manufacturers, today 3D printing is becoming almost commonplace. Parents can even buy scaled down versions, in the form of 3D doodle pens, as holiday and birthday gifts for their children. With the prevalence of 3D printers, however, come a slew of new challenges to the area of product liability.

Why are political cartoonists immune from slander charges?

It's that time of year again. People shriek and moan and sometimes cower in fear. In coffee houses and on social media sites across the nation, conversations rage about whether happenings are fact or fiction, and whether specific words were actually heard and recorded or merely the figment of a scared and overactive imagination. And no, none of this is in reference to the happenings leading up to October 31st. Instead it describes people's behavior as the time draws near to elect a new President of the United States.

Tips for creating an enforceable non-compete agreement

Non-compete agreements are pretty much exactly what they sound like; a clause in an employment contract that states that the employee, upon termination, will not start or work for a rival company. Employers typically have a variety of valid reasons for asking a potential employee to sign a non-compete.

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Warren Gammill & Associates

Suite 400, Courthouse Plaza
28 West Flagler Street
Miami, Florida 33130

Phone: 305-579-0000
Fax: 305-371-6927

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