Articles Posted in Non-Compete Agreements

Irreparable harm is a mandatory component to obtaining an injunction. Siegel v. LePore, 234 F.3d 1163 (11th Cir. 2000) (“A showing of irreparable injury is ‘the sine qua non of injunctive relief.’”). The existence of irreparable harm can be presumed in restrictive covenant non-compete cases. Fla. Stat. § 542.335 (“The violation of an enforceable restrictive…

Most breach of contract lawsuits involve a written contract. However, contracts do not have to be in writing to be enforceable. Many contracts can also be oral or implied through the parties’ course of conduct. To establish a breach of contract claim, one must only prove the existence of a valid and enforceable contract between…

Courts can enforce the breach of a restrictive covenant like a non-compete agreement by enjoining the defendant from taking additional actions that violate the non-compete agreement. Fla. Stat. § 542.335 (“A court shall enforce a restrictive covenant by any appropriate and effective remedy, including, but not limited to, temporary and permanent injunctions.”). Courts can likewise…

Temporary and permanent injunctions are often a part of restrictive covenant lawsuits and trade secret lawsuits. In facts, Florida’s restrictive covenant statute expressly contemplates enforcement of a restrictive covenant through an injunction and creates a presumption in favor of granting an injunction when a restrictive covenant is breached. Fla. Stat. § 542.335 (“A court shall…

In September 2025, the Federal Trade Commission (FTC) formally withdrew its appeal in the pivotal case titled Ryan LLC v. FTC and Properties of the Villages v. FTC, which struck down the FTC’s 2024 attempt to generally ban non-compete agreements and similar restrictive covenants across the board. In Ryan, you may recall that the United…

The injunction remedy is an important facet of a trade secret lawsuit because it precludes the misappropriator from using the trade secret. Courts can grant an injunction to prevent actual or threatened misappropriation or require affirmative actions to protect the trade secret. 18 U.S.C.A. § 1836. To obtain an injunction, the movant must establish, among…

Lawsuits to prevent unlawful competition can take several forms. A lawsuit may involve the enforcement of a restrictive covenant like non-compete agreements, non-solicitation provisions, or non-disclosure agreements. These agreements are only permitted when supported by a legitimate business interest demonstrating the restrictive covenant provision is intended to prevent unlawful competition. White v. Mederi Caretenders Visiting…

Plaintiffs in trade secrets lawsuits and non-compete lawsuits often seek and obtain injunctions preventing defendants from misappropriating the trade secrets or unlawfully competing. Florida’s trade secret statute expressly allows for injunction relief. Fla. Stat. § 688.003 (“Actual or threatened misappropriation may be enjoined.”). Florida’s restrictive covenant statute likewise allows for injunctive relief. Fla. Stat. §…

Unclean hands is an equitable defense akin to fraud. Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602 (Fla. 4th DCA 2013). “It is a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter…

Businesses can face challenges when trying to enforce a non-compete agreement against a former employee or other similar actor because that former employee may be receiving assistance from a third-party who did not sign the non-compete agreement. Enforcing the non-compete against the former employee who is unlawfully competing will not by itself stop the third-party…