Articles Posted in Non-Compete Law

Restrictive covenant non-compete agreements are typically associated with an employer/employee relationship. An employer usually requires its employees to execute restrictive covenant agreements to protect its trade secrets, customers, vendors, and goodwill. However, the employer/employee relationship is not the only context a restrictive covenant can be used. Non-compete agreements and similar restrictive covenant agreements can also…

Tortious interference is a common business tort. The tort is comprised of four elements. A litigant must prove the existence of a business relationship or contractual relationship under which the plaintiff has legal rights; the defendant’s knowledge of the business relationship or contractual relationship; (3) an act of the defendant amounting to an intentional and…

Restrictive covenant agreements like non-compete agreements and non-solicitation agreements must be in writing. Fla. Stat. § 542.335 (“A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”). This means restrictive covenant agreements containing non-compete provisions or non-solicitation provisions are often…

Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, or CHOICE Act for short, went into effect on July 1, 2025. The Choice Act is a significant piece of legislation because it substantially broadens an employer’s ability to restrict employees and independent contractor from competing against the employer. The Act, applies to employees and…

Florida statute § 542.335 allows one to enforce a contract “that restrict[s] or prohibit[s] competition during or after the term of restrictive covenants, so long as such [a] contract[ is] reasonable in time, area, and line of business.” Fla. Stat. § 542.335. The plain language of the statute suggests restrictive covenants cannot be enforced when…

You may recall last week we discussed Florida’s Choice Act and the changes it may create to the non-compete landscape in Florida. The Choice Act establishes significantly more stringent non-compete restrictions on employees and independent contractors earning, or are reasonably expected to earn, a salary greater than twice the annual mean wage of the Florida…

Florida law on noncompete agreements will likely change on July 1, 2025, under the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act” (CHOICE Act). The CHOICE Act will substantially enhance an employers’ ability to restrict certain employees from competing after their employment with the employer ends. The Fort Lauderdale business litigation attorneys of the…

Florida’s general rule prohibits contracts impeding commerce. Fla. Stat. § 542.18. (“Every contract, combination, or conspiracy in restraint of trade or commerce in this state is unlawful.”). However, Florida’s legislature passed house bill 611 and 375 in the mid-1990’s to create an exception for restrictive covenants like non-compete agreements, non-solicitation agreements, and confidentiality agreements under…

Establishing the existence of a legitimate business interest is the foundation to enforcing a restrictive covenant like a non-competition agreement. Fla. Stat. § 542.335 (“The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant.”). The law imposes a burden to…

It may be prudent to include a jury trial waiver in some business contracts. Contractual jury trial waivers are enforceable in Florida. Amquip Crane Rental, LLC v. Vercon Constr. Mgmt., Inc., 60 So. 3d 536 (Fla. 4th DCA 2011) (stating a party “may waive its right to a jury trial if the waiver was entered…