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Non-Compete Agreements › Florida › Restrictive Covenants

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Jackson Lewis P.C.

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

Jackson Lewis P.C. on

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more

McCarter & English, LLP

FTC Power to Ban Non-Compete Agreements Questioned by Another Federal Court

McCarter & English, LLP on

As the Federal Trade Commission (FTC) seeks to ban nearly all employee non-compete agreements in the United States (see April 25, 2024 Alert), the question of whether the agency has the power to do that is dividing federal...more

Fisher Phillips

Florida Court is Next to Rule Against FTC’s Non-Compete Ban, But Employers Not Yet in the Clear

Fisher Phillips on

A Florida federal court became the second court in the nation Wednesday to rule that the Federal Trade Commission’s proposed ban on most non-compete agreements cannot be enforced. Chief Judge Timothy Corrigan, from the Middle...more

Dinsmore & Shohl LLP

Proposed Florida Laws Target Physician Non-Competes

Dinsmore & Shohl LLP on

Non-compete agreements are generally enforceable in Florida, if they are justified by a legitimate business interest and they are reasonable in time, area and line of business. However, a 2019 law invalidated non-compete...more

Rumberger | Kirk

Florida Still Strongly Favors Employer’s Non-Compete Agreements 

Rumberger | Kirk on

Non-compete and confidentiality clauses have long been a fixture in employment agreements in Florida. However, there has been some dissention as to whether such restrictive covenants continue to apply where an employment...more

Jackson Lewis P.C.

Florida Decision Highlights Strategy for Immediately Appealing Denial of Temporary Injunction

Jackson Lewis P.C. on

In many non-compete cases, the employer seeks a temporary injunction at the outset of the case to prevent further harm. If the employer loses that motion, the case usually settles or proceeds to discovery as in a standard...more

Akerman LLP - HR Defense

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

Akerman LLP - HR Defense on

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s...more

Fox Rothschild LLP

Florida Noncompetes: The Cessation Of Business Defense

Fox Rothschild LLP on

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

Fox Rothschild LLP

Florida Noncompete Agreements: Reasonable Duration Of Noncompete Restraint

Fox Rothschild LLP on

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

Fox Rothschild LLP

Florida Non-competes: Enforceability And Application Of Non-Solicitation Covenants When Former Customers When Customers Initiate...

Fox Rothschild LLP on

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

Burr & Forman

LeBron, Stephan and the Essence of Florida Non-Competes

Burr & Forman on

As this blog post goes to press, the Cleveland Cavaliers and the Boston Celtics just began their series to determine which team will face the winner of the series between the Golden State Warriors and the San Antonio Spurs....more

Burr & Forman

Florida Non-Compete Agreement Enforceable Against a Georgia Resident

Burr & Forman on

Readers of this blog are aware that Florida has a statute that specifically allows employers and employees to agree in writing to restrict – for a defined period of time – the future employment of a departing employee. These...more

Fisher Phillips

Are Referral Sources Protectable Under Florida Law?

Fisher Phillips on

The question of whether referral sources constitute legitimate, protectable business interests under Florida's Covenants Against Unfair Competition statute, Fla. Stat. § 542.335 (2014), is likely heading to the Florida...more

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