Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas, patterns, compilations,...more
In Florida, a party opposing enforcement of a non-compete agreement may raise as a defense that the employer, or other enforcing party, no longer continues in the same business. Florida Statute § 542.335(1)(g)(2) provides...more
In order to be enforceable, must be reasonable in both the duration and scope. Duration refers to the length of time for which a noncompete agreement remains valid and enforceable. Scope, on the other hand, refers to the...more
Florida’s noncompete statute, Fla. Stat. 542.335, provides numerous protections to employers or business purchasers who are looking to safeguard a company’s goodwill, trademarks and the like. Still, it is important to not...more
6/16/2021
/ Blue Pencil Contract Modification ,
Confidential Information ,
Customers ,
Employees ,
Enforcement ,
Florida ,
Franchises ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Selling a Business ,
Trademarks
An employer has a legitimate business interest in prohibiting an employee from soliciting customers whom the employer has a substantial relationship. Hilb Rogal & Hobbs of Fla., Inc. v. Grimmel, 48 So.3d 957, 31 IER Cases...more
Florida statute, F.S. §542.335, governs the enforcement of noncompete agreements that are subject to Florida law. While a “reasonableness” standard is employed throughout the statute, Florida’s noncompete statute is generally...more
While post-Tiara, the Economic Loss Rule (“ELR”) is limited to products liability cases, the Tiara progeny firmly establish that the independent tort doctrine (“ITD”) is alive and well. In a nutshell, the IDT “is a...more
According to the AIA, the 2017 document set simplifies the payment provisions found in the older documents. In order to simplify the payment provisions, the AIA merely reorganized the items to be listed in a payment...more
The new E204 Sustainable Projects Exhibit addresses the risks and responsibilities unique to projects involving sustainable design and construction. The AIA has taken many of the provisions found in various AIA contract...more
In the US, it is almost universally established that BBB grades are opinion statements entitled to absolute privilege under the First Amendment of the Constitution. Some inroads on BBB liability have been made by attacking...more
The 2017 revisions to the A201 improves the Contractor’s ability to request and obtain financial information from the owner throughout the project. On most projects, Owner’s typically create a single purpose legal entity,...more
Because of advancements in the use of digital technology in the administration of construction contracts, the 2017 AIA documents now default to the AIA’s Digital Data Use and Transmission protocol established in 2013 as set...more
Florida House Bill 7061 and Florida Senate Bill 1384 propose to raise the jurisdictional amount in controversy limit for county courts from $15,000 to $50,000. Not only does this change expand county court jurisdiction at the...more
Perhaps the most significant change to the A201-2017 is the inclusion of a comprehensive insurance exhibit. Prior to the inclusion of the insurance exhibit in the 2017 update, parties to an AIA construction contract would...more
The form and contents of a claim of lien are set forth in Fla. Stat. § 713.08. The claim of lien must expressly state:-
the name of the lienor and the address where notices or process under the Construction Lien Law may be...more