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