Articles Posted in Non-Compete Agreements

Florida Non-Compete Clauses and Legitimate Business Interests: Customer Relationships and Goodwill
Mavrick Law Firm Team

The use of non-compete covenants by employers to protect business interests is not an uncommon practice. The validity of these covenants is governed by Florida Statute 542.335, which requires: “the employer to plead and prove (1) the existence of one or more legitimate business interests justifying the restrictive covenant and (2) that the contractually specified…

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FLORIDA NON-COMPETE CLAUSES AND IRREPARABLE HARM: PRESUMPTION OF IRREPARABLE HARM MAY BE REBUTTABLE IF DAMAGES ARE NOT CALCULATED
Mavrick Law Firm Team

Many employment agreements contain covenants not to compete to protect employers from employees competing against them when the employment ends. If the employer seeks to enforce this covenant, it must prove, among other things, that it will suffer irreparable harm if the covenant is not enforced. This irreparable harm is presumed if the employee violates…

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FLORIDA NON-COMPETE DEFENSE: FLORIDA COURTS WILL NOT ENFORCE LIQUIDATED DAMAGES INTENDED AS A PENALTY
Mavrick Law Firm Team

Contracts with covenants not to compete will typically address the anticipated damages that could occur from an employee’s breach of the agreement. When a contract contains a damages provision that is designed for the sole purpose of penalizing the employee from breaking his or her promise, it may be unenforceable. Peter Mavrick is a Palm…

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FLORIDA NON-COMPETE AGREEMENTS: WHEN WILL THE COURTS MEASURE THE PERIOD OF THE INJUNCTION
Mavrick Law Firm Team

If an employer can successfully meet their burden and establish the necessary elements for a valid non-compete agreement, the court will likely grant an injunction to protect the employer’s legitimate business interests. The injunction will only be granted if it is determined that the former employee breached the valid non-compete agreement. Once this is determined,…

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NON-COMPETE AGREEMENTS: HOW A BUSINESS TRANSACTION IS CHARACTERIZED CAN AFFECT THE ASSIGNABILITY OF A NON-COMPETE
Mavrick Law Firm Team

Non-compete agreements serve to protect an employer’s business interests and prevent employees from engaging in unfair competition. When a business sells its assets, merges with another company, or dissolves entirely, the ability to assign a non-compete agreement is affected differently. Peter Mavrick is a Fort Lauderdale non-compete lawyer who has extensive experience dealing with non-compete…

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FLORIDA NON-COMPETE LITIGATION: JUDICIAL INTERPRETATIONS OF “SPECIALIZED TRAINING”
Mavrick Law Firm Team

Restrictive covenants have become increasingly prevalent as a prophylactic measure to ensure adequate protection of an employer’s legitimate business interests. These restrictive covenants are generally found in the employee’s employment agreement. Historically, two Florida Statutes (F.S.) have governed the enforcement of restrictive covenants: (1) F.S. 542.33 and (2) F.S. 542.335. Although F.S. 542.18 provides that…

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FLORIDA NON-COMPETE LITIGATION: PRESUMPTION OF IRREPARABLE HARM CAN BE REBUTTED BY DEMONSTRATING ABSENCE OF INJURY
Mavrick Law Firm Team

Peter Mavrick is a Fort Lauderdale non-compete attorney who regularly represent entrepreneurs who formerly were employed in a certain industry and are now seeking to start their own business in the same industry. Our law firm is often confronted with non-compete covenants, otherwise known as restrictive covenants, signed by the entrepreneur when he or she…

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NON-COMPETE AGREEMENTS (“RESTRICTIVE COVENANTS”): THE EVOLUTION OF THE LEGAL STANDARD FOR TEMPORARY INJUNCTIONS
Mavrick Law Firm Team

Non-compete agreements, also commonly referred to as “restrictive covenants,” have been subject to countless legal disputes arising between employers and their employees. The primary purpose of a restrictive covenant is to protect an employers’ alleged business interests and restrain employees from engaging unfair competition which can be highly detrimental to the employer’s own business. Peter…

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FLORIDA NON-COMPETE LAW: NO DIRECT SOLICITATION WHEN A PATIENT VOLUNTARILY CHOOSES TO SEE A PHYSICIAN AT HIS OR HER NEW EMPLOYER
Mavrick Law Firm Team

Non-compete and non-solicitation provisions, otherwise known as “restrictive covenants,” have become increasingly more common in employment agreements. Peter Mavrick is a West Palm Beach non-compete attorney who has extensive experience dealing with restrictive covenants in a wide array of industries, including the medical industry. Although these non-compete covenants are meant to protect a former employer’s…

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NON-COMPETE LITIGATION: AN EMPLOYER’S VIOLATION OF THE FLSA COULD PREVENT ENFORCEMENT OF A RESTRICTIVE COVENANT CONTAINED IN AN EMPLOYMENT AGREEMENT
Mavrick Law Firm Team

The Mavrick Law Firm regularly represents entrepreneurs who open businesses in industries in which they were formerly employed. As such, we are frequently confronted with covenants not to compete signed by the entrepreneurs when they were previously employed. The covenants not to compete, also known as restrictive covenants, typically purport to restrict the entrepreneurs from…

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For years, Mr. Mavrick has provided sound advice to my business and he provided excellent representation in a business lawsuit. He is highly responsive and his legal knowledge, skill, and advice are excellent.

Business owner Preston M.

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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