Winter is around the corner. On the calendar, however, it’s not yet here. Surely Mother Nature is aware of this. Still, an ice storm currently engulfs large swaths of our nation and is leaving many of us without power or...more
As summer winds down and the temperatures cool, many parts of our economy and the business world tend to heat up. The heat typically starts on the gridiron, where rabid fans of college football begin to analyze every...more
When you live in Florida, you tend to hear that expression for far too many months of the year....more
Summer has arrived. The Hollywood blockbusters are here. New animated features hit the big screens this week. Superman is flying once more. Sure, if the movies are your cup of tea, then summer is your annual thirst...more
If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more
For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more
A client recently came to me with a problem lawyers often hear: the client’s family-owned business needed to hire new employees to keep up with the growth. In particular, the company needed additional sales force and...more
You hire an employee and pay her a salary. In order to earn more money at your business, she voluntarily chooses to transition to “independent contractor” status. Question: Does that transition trigger the non-compete...more
Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more
Because non-compete agreements are governed by state law, it is rare that the U.S. Supreme Court issues a ruling affecting such contracts. This week’s decision in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. __...more