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,
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Florida Noncompetes: The Cessation of Business Defense
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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…
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Florida Noncompete Agreements: Reasonable Duration of Noncompete Restraint
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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.
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Florida Noncompete Agreements: Drafting Noncompete Agreements Under Florida Law
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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…
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Florida Non-competes: Enforceability and Application of Non-Solicitation Covenants when Former Customers When Customers Initiate Contact
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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, …
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Enforcement of Florida’s Noncompete Statute in Foreign Jurisdictions
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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…
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Personal Liability of Employees for Misrepresentations in Performance of a Contract
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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.
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Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – Payment Provisions
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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…
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Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – E204-2017 Sustainable Project Exhibit
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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…
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Suing Consumer Bureaus: An Interesting Canadian Law Distinction
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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…
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