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, programs, methods or processes which derive their economic value from not being readily known to others. Further, the secrecy of a trade secret must be

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 1014 (Fla. App. 2010) , citing Brown & Brown, Inc. v. Ali, 494 F.Supp.2d 943 (N.D. Ill. 2007) (applying

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 considered one of the most employer friendly noncompete statutes in existence. 542.335(1)(g)(1) provides that  “[i]n determining the enforceability of a restrictive covenant, a court

While post-Tiarathe 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 prohibition against tort actions to recover solely economic damages for those in contractual privity is designed to prevent

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 application such that those that are to be included in the payment applications are listed first, followed by a

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 documents related to sustainable projects and has created a single exhibit. The procedures and terminology related to sustainable projects is identical the former