Articles Posted in Employment Law

FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE COVENANT INJUNCTIONS AND IRREPARABLE INJURY
Mavrick Law Firm

Florida’s Second District Court of Appeal in Atomic Tattoos, LLC v. Morgan, 45 So.3d 63 (2d DCA 2010), explained that a trial court should order a temporary injunction in non-compete covenant litigation only when “the moving party has demonstrated (1) irreparable harm to the moving party unless the injunction issues, (2) unavailability of an adequate…

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MIAMI NON-COMPETE AGREEMENTS: EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER
Mavrick Law Firm

Federal courts in Florida allow a part to obtain a temporary restraining order, commonly referred to as a “TRO,” by proving the following elements set forth by the United States Court of Appeals for the Eleventh Circuit in Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223 (11th Cir. 2005): “(1) [there is] a substantial…

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MIAMI NON-COMPETE AGREEMENTS: PUBLIC POLICY EXCEPTION TO ENFORCEMENT BASED ON CONTINUITY OF PHYSICAN CARE
Mavrick Law Firm

Physicians have sometimes challenged their non-compete agreements on the grounds that continuity of patient care is an “overriding public policy reason.” Physicians have argued that public policy allows the physician to care for his patients after termination of his employment, even when the wording of the restrictive covenant bars the physician from continuing to treat…

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FORT LAUDERDALE NON-COMPETE AGREEMENTS: FLORIDA LAW REQUIREMENTS FOR INJUNCTIONS
Mavrick Law Firm

Florida law sets forth the requirements for entry of a non-compete injunction, i.e., a court order barring competition under specified circumstances and duration. Relevant here, section 542.335(1)(j), Florida Statutes, provides that a court shall enforce a valid “restrictive covenant by any appropriate and effective remedy, including but not limited to, temporary and permanent injunctions.” Peter…

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FORT LAUDERDALE NON-COMPETE AGREEMENTS: SUBSTANTIAL BUSINESS RELATIONSHIPS MUST BE IDENTIFIABLE AND SPECIFIC
Mavrick Law Firm Team

A prevalent issue in non-compete litigation is whether a company’s non-compete agreement is enforceable to protect its substantial business relationships. These business relationships must be specific and identifiable, but they are not required to be contractual in nature. Indeed, prospective substantial business relationships are protected if they fit these requirements. A business’ substantial business relationships…

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FORT LAUDERDALE NON-COMPETE AGREEMENTS: ENFORCING REASONABLE RESTRICTIONS
Mavrick Law Firm Team

The law regarding the enforceability of non-compete agreements varies by state. Under Florida law, three requirements must be satisfied for a restrictive covenant to be enforceable: (1) the restrictive covenant must be “set forth in writing signed by the person against whom enforcement is sought”; (2) the party seeking to enforce the restrictive covenant “shall…

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MIAMI NON-COMPETE AGREEMENTS: ENFORCING NON-COMPETE AGREEMENTS TO PROTECT A BUSINESS’ SPECIALIZED TRAINING
Mavrick Law Firm Team

Non-compete agreements and other restrictive covenants in employment contracts are enforceable if they protect a business’ legitimate business interest. A “legitimate business interest must represent an investment by the employer and must enable unfair competition if misappropriated.” IDMWORKS, LLC v. Pophaly, 192 F. Supp. 3d 1335 (S.D. Fla. 2016). Florida’s non-compete statute, Section 542.335, includes…

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MIAMI BUSINESS LITIGATION: ENFORCING FLORIDA’S TRADE SECRET ACT TO PREVENT EMPLOYEES FROM MISAPPROPRIATING EMPLOYER’S TRADE SECRETS
Mavrick Law Firm Team

Trade secret misappropriation claims are commonly filed in business litigation by employers against former employees. An employee is precluded from using for his or her own advantage, and to the detriment of a former employer, any trade secrets obtained in the course of prior employment. East v. Aqua Gaming, Inc., 805 So. 2d 932 (Fla.…

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FORT LAUDERDALE NON-COMPETE AGREEMENTS: SEEKING INJUNCTIVE RELIEF TO ENFORCE RESTRICTIVE COVENANTS
Mavrick Law Firm Team

A prevalent issue in business litigation is whether an injunction is needed to enforce a restrictive covenant and protect a party’s legitimate business interest. In Florida, Section 542.335, Florida Statutes, governs the enforcement of restrictive covenants. Under section 542.335, “[a] trial court may grant a temporary injunction if the complainant proves ‘(1) the likelihood of…

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FORT LAUDERDALE BUSINESS LITIGATION: PROTECTING CUSTOMER LISTS AS TRADE SECRETS
Mavrick Law Firm Team

A prevalent issue arising in business litigation throughout Florida is whether the customer list of a business or employer is a protected trade secret under Fl as a trade secret Florida’s Uniform Trade Secret Act (FUTSA). Trade secrets are broadly defined under FUTSA and include information that “derive[s] economic value from not being readily ascertainable…

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Peter Mavrick successfully defended my company and me in a non-competition covenant lawsuit that sought an injunction that would have effectively shut down my business. Mr. Mavrick energetically handled the case like it was his own. He got the case dismissed with no liability and saved the business...

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