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What Should I Do If My Business Partner Broke Our NDA?

Fort Lauderdale Real Estate Litigation Attorney

You may have heard of an NDA in the course of doing business, especially if you’re a business owner or high-level manager. Here’s what you should know about NDAs, how they can help protect your company’s important information, and what to do if someone within your company breaks or violates the NDA. 

First, What Is an NDA? 

An NDA, or non-disclosure agreement, is a legal document signed by two or more parties that binds each party to an obligation of privacy and compels the undersigned to keep important, secret information secure. 

What Are NDAs Used For? 

Non-disclosure agreements are relatively common for businesses, particua for partnerships and joint ventures. An NDA can protect proprietary information, like secret restaurant formulas, new product blueprints, or marketing strategies. 

This means that the parties who agree to the NDA commit to not sharing this critical information with others, especially competitors who could use the data to appropriate products, services, or unique features that the business offers. 

How Do NDAs Get Broken? 

Unfortunately, NDAs can and do get broken. Sometimes this may be an accidental mistake, where a party lets something slip in conversation that they shouldn’t have. 

That said, NDAs can also be broken purposely in an effort to damage the business and its owner. This sometimes occurs when an employee has been terminated and are looking to “get back at” the company that let them go. 

What to Do If Your Business Partner Violates Your NDA 

If you suspect that your business partner or someone else at your company has violated an NDA they signed, the first thing you should do is review the contract itself. Often, non-disclosure agreements include protocol and remedies for violations in the document itself. 

Then, collect what evidence you can to trace how the information was released and who may have leaked it. Being able to prove your case beyond a shadow of a doubt can help you from being put on the hook for court costs and legal fees. 

Get Help From an Experienced South Florida Business Litigation Attorney Today 

A business partner or someone else you work with who has violated a non-disclosure agreement can be a significant hazard to your company and livelihood. Don’t wait to get experienced legal help with complex business litigation issues from an attorney you can trust. 

Contact the reputable and dedicated attorneys at Michael L. Feinstein, P.A,for a consultation by calling 973.635.4500. 

By : admin | March 6, 2021 | Business Litigation

The Fragile Nature Of The Corporate Veil

Business Disputes In Orlando

When starting a business, one of the first decisions you must make is the type of entity you will use to run your business. For many in Florida, the limited liability company or corporation is the most desirable because they offer protection of the business owner’s personal assets in the event that the business becomes liable for debts or damages. This separation of the corporation’s assets from those of the owner or shareholders is called the corporate veil.

If you own a corporation or LLC, you may feel impervious to lawsuits or creditors who may seek your personal assets because you have the protection of the corporate veil. However, it is important that you understand the limitations of that protection. In fact, you may not realize that certain actions by business owners or shareholders may dissolve the separation between you and your business.

What might pierce the corporate veil?

Running your business as a corporation or LLC offers you some security. If your business goes into debt, for example, you may not fear losing your home or personal savings. However, the corporate veil does not protect you in every circumstance. The term “piercing the corporate veil” refers to situations where the entity of the owner or shareholders and the entity of the business are no longer separate, placing the owner or shareholders at risk of personal liability. The following are examples of actions that may pierce the corporate veil:

  • Mixing your personal finances with those of the business
  • Using the business to commit fraud
  • Acting egregiously by placing the corporation’s prosperity over the good of the public
  • Using business funds for personal use, even as a loan
  • Keep poor or inaccurate financial records
  • Failing to pay state and federal payroll taxes
  • Misusing business credit cards for personal use
  • Using your personal assets as collateral for a business loan
  • Signing contracts or loan agreements personally without the backing of the shareholders

If these or other circumstances exist and you are facing legal action, your personal property may be in jeopardy. As with most elements of business law, Florida’s statutes may be different from those in other states. You may also be dealing with matters of federal law. This is why, at the earliest sign that you may be at risk of personal liability, you would be wise to seek the advice of an attorney who has experience in state and federal litigation.

By : admin | November 15, 2020 | Business Litigation

Running Multiple Businesses Presents Opportunity And Risk


You may have always had the entrepreneurial spirit. From a young age, you may have had great ideas for school projects, taken the initiative to get tasks completed and even stepped into leadership roles whenever available. As you grew into an adult, you knew that you wanted to start your own business, which you did.

Now, you own multiple businesses and earn a generous income. While you still like the feeling of being in charge and having your ideas come to fruition, you know that any slip up could prove costly for any of your businesses. How can you stay on top?

Managing and delegating

You have likely already learned that you cannot oversee absolutely everything that goes on in your business ventures. This can seem a bit daunting at times because you may hold to the adage that if you want something done right you should do it yourself. However, that is not typically possible when it comes to successful business practices. Instead, you want to have a team of hand-picked individuals who can take over operations when needed.

Creating this team can take time as you will likely need to observe and find the employees or outside parties who have the drive, determination and work ethic to operate your business as you see fit. Fortunately, it can be done, and you can have a trusted team to keep your company running smoothly.

Stay updated

Of course, even if you have your trusted teams, you need to stay in the loop. As a result, it is important to have someone from each company bring you regular updates regarding operations, financial reports or even complaints. It is also wise to make in-person visits to your companies to ensure that everything is running smoothly and that you have not missed out on any important information.

Issues may arise

Running multiple businesses opens up many opportunities, but it may also open you up to a greater chance of facing legal issues. If another company claims that any of your businesses have violated the law, you will certainly want to handle that type of ordeal personally. Gaining information regarding the complaint, the laws involved and your legal options could help you maintain the integrity of your company and defend against allegations. To that end, having the help of an experienced Florida business litigation attorney could work in your favor.

By : admin | October 1, 2020 | Business Litigation

Lawsuit Comes Against DoorDash For Misinforming Patrons

The food delivery industry seems to be booming as various companies offer services solely for taking orders, picking up meals from restaurants and making deliveries. Many people in Florida and across the country take advantage of these services to avoid having to go out or to still get their food from their favorite restaurants that may only be offering take out or delivery. However, some restaurant owners are not too happy with how some services address their locations, which recently led to a lawsuit.

Reports stated that a restaurant owner in another state has filed a lawsuit against DoorDash for misrepresenting the restaurant in its app. Apparently, Lona’s Lil Eats has been listed as too far away or closed when prospective patrons attempt to use DoorDash to order food for delivery. The restaurant does not have a partnership with DoorDash, and representatives believe that DoorDash is intentionally misinforming patrons that the restaurant as too far away or closed when that is not the case.

The claims against DoorDash include posting this incorrect information as a way to coerce restaurants into partnering with the company and, in turn, paying fees and commission. Representatives for DoorDash stated that the company is still reviewing the lawsuit. The report did note that many services like DoorDash will include non-partner locations and provide service to those locations to show restaurants the benefits of working with them.

Feeling as if another company is intentionally sabotaging the chances of bringing in customers can be a significant blow. If Florida company owners believe that they are being subjected to such unfair practices by outside parties, they may want to determine whether the other parties are violating business-related laws. As this case shows, a lawsuit could be necessary to address this type of wrongdoing and to preserve the interests of a company.

By : admin | September 29, 2020 | Business Litigation

Construction Litigation Over Disney Resort Claims Contract Breach


Construction company owners undoubtedly want to have smooth projects no matter what they undertake. Of course, clients can be difficult to work with at times, and it is not unusual for serious issues to arise that negatively affect the project. In some cases, it may be necessary for construction litigation to take place if a client causes damages to a company.

It was recently reported that Validus Construction Services has filed a lawsuit against Disney Vacation Club in Florida relating to the remodeling of Disney’s Saratoga Springs Resort and Spa. The construction company was hired to oversee the renovations, which were supposed to span from April 2019 until November of that year. However, during the project, a fire code violation that had been unaddressed for over 15 years caused significant delays and additional costs for the project. Disney reportedly refused to provide extensions as requested by the construction company.

In April of this year, Disney terminated the contract with Validus without reason. Additionally, the owner of Validus, who is a woman, indicated that Disney employees harassed her with insulting and misogynistic comments. The lawsuit claims breach of contract and negligent misrepresentation.

It is common for construction projects to have millions of dollars at stake. When issues are found that delay and add costs to projects, company owners can face difficulties determining how to move forward. If clients are unwilling to find a resolution, additional problems can result. As this case shows, it may be necessary for construction litigation to move forward if Florida company owners are facing similar problems with clients.

By : admin | September 1, 2020 | Business Litigation

Breach Of Fiduciary Duty Can Lead To Business Litigation

Putting trust in another person is not always easy. For Florida business owners, trusting outside parties may be necessary when an owner needs certain business-related tasks handled that he or she cannot handle alone. Often, owners enlist the help of financial professionals, trustees, legal professionals and others to help ensure that the business operations run smoothly. If a party violates that trust by breaching his or her fiduciary duty, business litigation could be necessary.

Because putting important business matters in the hands of another party can be a bit disconcerting, most business owners utilize legally binding contracts before entering into a fiduciary relationship. These contracts can help protect the interests of everyone involved and ensure that the parties understand what is expected from the relationship. It can also act as proof for business owners who believe a fiduciary has breached his or her duty.

The downside to a fiduciary breach is that a company could sustain damages that seriously affect operations. Unfortunately, it may be some time before a business owner realizes it has happened. Luckily, owners do not simply have to accept that a trusted person violated that trust. Instead, they can work toward obtaining compensation for those damages.

Business litigation is often a useful means for holding parties accountable for their damages actions. Moving forward with a breach of fiduciary duty lawsuit may be necessary for Florida company owners who have ended up in such a difficult scenario. Fortunately, they can take steps to mitigate the damages done and to receive restitution for the wrongdoing by exercising their legal rights.

By : admin | August 24, 2020 | Business Litigation

FTC Files Lawsuit Claiming Deceptive Business Practices

Orlando Business Litigation Law Firm

When businesses in Florida or elsewhere face accusations of deceptive practices, they are in a serious predicament. In some cases, the Federal Trade Commission could bring a lawsuit against a company if such practices are suspected. When companies have to defend against these allegations, understanding their legal options is necessary.

Yellowstone Capital LLC will certainly want to determine the best options for handling such claims after a lawsuit was recently filed against the company by the FTC. Yellowstone Capital offers merchant cash advances to small businesses that are unable to obtain loans through other means. These advances allow companies to obtain funds immediately, but they must pay back a higher amount. The FTC claims that the company used deceptive trade practices by advertising that personal guarantees and collateral were not needed for the loans, but the small business owners did have to sign a personal guarantee to repay the loans and offer collateral.

In addition to that claim, the FTC also alleges that Yellowstone continued withdrawing funds from companies even after their loans had been repaid. In some cases, thousands of dollars were purportedly taken from consumers’ accounts after full payment had already occurred. There was no comment from Yellowstone regarding the lawsuit provided in the report.

Allegations stemming from the FTC can have lasting repercussions for any business. This type of lawsuit can take a considerable amount of time and effort to defend against, so it is wise for parties facing such claims to gain reliable information about their options. Florida business owners who are facing similar predicaments may want to ensure that they have strong legal counsel to see them through such an ordeal.

By : admin | August 17, 2020 | Business Litigation

Legal Support During Business Litigation Could Be Invaluable

Orlando Business Litigation Law Firm

Companies may be impersonal, but they are still made up of people. Regardless of the existence of contracts and agreements between the companies, the people involved may not abide by them through either a mistake or intention. A great deal of business litigation here in Miami and elsewhere ultimately centers on the breakdown of the relationships between the people who own or work in the companies involved.

In many cases, it would be advantageous to preserve the business relationships between the companies and perhaps the people involved as well for the sake of the future of the parties involved. This often means resolving disputes as swiftly and equitably as possible without attracting unwanted attention. For this reason, it never hurts to continue negotiating as long as possible before going into a courtroom.

Even so, entering into negotiations without first understanding all of the facts, information and legalities involved will probably not result in a fair and equitable resolution. Therefore, a thorough analysis of the situation, along with the strength and weaknesses of each party’s positions, could reveal a way forward. It could also help identify points on which a party may be willing to compromise and those he or she will not.

Undertaking this process would most likely go more smoothly by involving a knowledgeable business litigation attorney. Doing so would help Miami companies involved in disputes with the negotiation process while preparing to go to trial. It is important to prepare for any contingency during the dispute resolution process, and experience proves invaluable in these situations.

By : admin | June 4, 2020 | Business Litigation

Business Litigation Involves Anticompetition Claims Against Uber

When people start a business, they typically want to obtain success and be the best in their particular industry. While many companies do reach these goals, it is common for competitors to claim that they did so through unjust or illegal means. In some cases, successful companies could face business litigation over claims of unfair competition.

A case in another state involving Uber Technologies may be of interest to Florida readers. According to reports, Uber is facing claims from a former ride-share company that has gone out of business. Sidecar Technologies began in 2011 and carried out ride-share services, similar to those of Uber. However, the company claims that Uber used predatory pricing practices that made it impossible for Sidecar to continue its business.

Apparently, Sidecar claims that Uber offered lower prices to customers and higher pay to drivers but that the company planned to raise prices and reduce driver pay after the competition was reduced. Sidecar believes that this was an anticompetition practice and that it contributed to the company having to close its doors. It was noted that a previous lawsuit filed by Sidecar regarding Uber’s actions was dismissed, but this more recent claim has been allowed to move forward.

It is not unusual for successful businesses to face legal claims. As this case shows, companies may need to defend their actions against those who claim that they acted unfairly. If Florida companies are facing claims of unfair competition or other similar allegations, they may want to go over their available legal options for effectively handling such business litigation.

By : admin | May 7, 2020 | Business Litigation

Accused Of Discriminatory Hiring Practices?

Business Disputes In Orlando

The hiring process can be intimidating for many employers, especially since you are dealing with many regulations related to fairness and discrimination. While it is important to screen applicants and learn as much as you can about them to find the one who is best for the job, it is also critical that you not violate the applicants’ rights under the Americans with Disabilities Act. In some cases, the wording of a single question can make all the difference.

If you have recently interviewed candidates for open positions in your company, you may agree that the process was stressful, especially if any of your candidates had visible disabilities. Understanding the limitations the ADA places on you can help you avoid discriminatory practices during the hiring process.

Watch what you say

The ADA covers every aspect of employment, from recruiting and advertising open positions, through the selection and interview process, and including hiring and training. Because of ADA, those with disabilities should feel confident that their impairments will not affect an employer’s decision to hire, train, promote, provide benefits for or terminate them. The underlying foundation of the law is to provide those with disabilities a fair opportunity to compete for jobs for which they are qualified. Therefore, the following are key during the interview process:

  • You may not ask questions about an applicant’s disability.
  • You may not inquire whether someone’s physical condition will prevent him or her from accomplishing the essential tasks of the job.
  • Your interview questions should focus more on the applicant’s strengths and abilities than on his or her weaknesses.
  • Any interview questions you ask of a candidate with a disability you must consistently ask of every candidate you interview.
  • Questions about an applicant’s mental health, treatment for addiction, physical conditions or time lost at previous jobs because of illness are off limits.
  • You do not need to discuss accommodations with an applicant unless you observe a disabling condition or the candidate tells you about a disability.
  • You do not have to hire someone just because he or she has a disability if another candidate is more qualified.

The purpose of the hiring process is to find an employee who will be a benefit to your company whether the person has a disability or not. However, if you are now facing accusations of discrimination because you did not hire someone with a disability, you probably already know you are in a delicate situation. You would be wise to seek legal advice from a Florida attorney who has experience defending employers against accusations of discriminatory hiring practices.

By : admin | May 5, 2020 | Business Litigation