Business Law Commercial Litigation Complex Litigation Consumer Protection CPLS, P.A. News

The Regulation of State Banks

Is a state law that is preempted from enforcement against national banks also preempted from enforcement against out-of-State, State banks? That was the question in Baptista v. PNC Bank, 91 So. 3d 230 (Fla. 5th DCA 2012). RBC Bank was a North Carolina bank. One of its account holders wrote a check to Ms. Baptista.  Ms. […]

Business Law Commercial Litigation Complex Litigation Employment & Labor Law Tee Persad

Companies Should Review Their Non-Compete Agreements And Update Them, If Necessary, Before It Is Too Late

CONCLUSIONS: 1. Non-compete agreements may not be enforceable against employees or independent contractors by successor companies unless drafted properly. 2. Non-compete agreements between employees and their original employers which specified that they applied only to the specific companies that had originally hired each employee, and which make no provision for the continuation of the agreement […]

Business Law Commercial Litigation Complex Litigation Employment & Labor Law Tee Persad

Florida Courts may review non-compete agreements for reasonableness in time, area and relation to a legitimate business interest of the employer

CONCLUSIONS 1. A covenant not to compete which prohibits competition per se violates public policy and is void. 2. A condition precedent to the validity of a covenant not to compete entered into by an agent, independent contractor or employee is the existence of a legitimate business interest of the employer to be protected. 3. […]

Alberto E. Lugo-Janer Business Law Commercial Litigation Complex Litigation

Business litigation with no upfront fees and costs? A dream come true.

Businessmen and women know the nightmare of business litigation. Bills, bills and more bills. Every phone call to the attorney is charged. Every copy made is charged. A one page motion may cost thousands of dollars in “research and drafting.” Cases seem to never end. You wonder if your attorney is working for you or […]