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…
Continue reading ›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…
Continue reading ›Customer lists can be trade secrets. However, customer lists are not always trade secret. “To qualify as a trade secret, there must be evidence that a customer list was the product of great expense and effort, that it included information that was confidential and not available from public sources, and that it was distilled from…
Continue reading ›The statute of limitations proscribes the maximum time a litigant can initiate a legal proceeding after the occurrence of an event triggering the litigant’s claim. The limitations period varies depending on the claim type. The statute of limitations for a breach of a written contract is five years whereas the statute of limitations for a…
Continue reading ›A litigant seeking to obtain an injunction usually has to prove it was irreparably harmed to obtain an injunction. Hollywood Towers Condo. Ass’n, Inc. v. Hampton, 40 So. 3d 784 (Fla. 4th DCA 2010) (“To obtain a permanent injunction, the petitioner must establish a clear legal right, an inadequate remedy at law and that irreparable…
Continue reading ›The proponent of a trade secret must prove the information was “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” Fla. Stat. § 688.02. Simply instructing another not to divulge the information is probably insufficient. Glob. Marine Expl., Inc. v. Republic of France, 696 F. Supp. 3d 1131 (N.D. Fla.…
Continue reading ›An anticipatory breach (also known as anticipatory repudiation) of a contract occurs when a party, by words or actions, repudiates a contract prior to the time of performance. Under Florida law, anticipatory breach can be asserted as a cause of action for damages, or as a defense to a breach of contract claim. The pivotal…
Continue reading ›A key recurring issue in defending employers against employment discrimination claims is the requirement that the former employee exhaust administrative remedies. Florida laws governing employment discrimination, including the Florida Civil Rights Act and Florida county ordinances, require the employee to file charge of discrimination with an “administrative agency,” i.e., a government agency that processes and…
Continue reading ›A company suing for trade secret misappropriation should be cognizant of whether it must prove ownership over the trade secret. Some trade secret statutes require ownership to establish the claim, while other statutes do not. For example, a Florida business can probably sue for trade secret misappropriation under the federal Defend Trade Secrets Act (DTSA)…
Continue reading ›It is a good practice for businesses to require its employees to sign restrictive covenants, such as non-compete and confidentiality agreements, to protect trade secrets or confidential business information. If an employee breaches the restrictive covenant, the business could file a lawsuit against the employee to enforce the restrictive covenant. To succeed in the lawsuit,…
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