Articles Posted in Non-Compete Agreements

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…

Continue reading ›
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…

Continue reading ›
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…

Continue reading ›
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…

Continue reading ›
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…

Continue reading ›
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…

Continue reading ›
FLORIDA NON-COMPETE LAW: INDEPENDENT CONTRACTORS ARE SUBJECT TO NON-COMPETE AGREEMENTS AND A CHANGE IN THEIR EMPLOYMENT STATUS DOES NOT AFFECT THE VALIDITY OF SUCH AGREEMENTS
Mavrick Law Firm Team

There are many important differences between employees and independent contractors that businesses must consider before contracting to hire one or the other. Some of these differences include, but are not limited to, the following: 1. Independent contractors are not subject to federal or state labor and employment laws like employees are; 2. The procedure for…

Continue reading ›
NON-COMPETE AGREEMENTS CAN BE SUPPORTED BY LEGITIMATE BUSINESS INTERESTS NOT LISTED IN §542.335(B), SUCH AS PROMOTING PRODUCTIVITY AND MAINTAINING COMPETENCE
Mavrick Law Firm Team

Florida’s Non-Competition Covenant Statute, Section 542.335, lays out the requirements for enforceable restrictive covenants. One of the main requirements pursuant to subsection (b) of the statute is that the party seeking to enforce the restrictive covenant must plead and prove the existence of one or more “legitimate business interests” justifying the restrictive covenant. The Miami…

Continue reading ›
“UNCLEAN HANDS” CAN PRECLUDE ENFORCEMENT OF A NON-COMPETE COVENANT
Mavrick Law Firm Team

The Mavrick Law Firm regularly represents entrepreneurs who open businesses in industries in which they were formerly employees. As such, often times we are confronted with covenants not to compete signed by the entrepreneur when he or she was employed with his or her former employer. The restrictive covenants will usually restrict the entrepreneur from…

Continue reading ›
DISTRICT COURT OF APPEAL NON-COMPETE LAW SPLIT RESOLVED: IN HOME HEALTH CARE SERVICE INDUSTRY, REFERRAL SOURCES ARE PROTECTABLE LEGITIMATE BUSINESS INTERESTS
Mavrick Law Firm Team

The Mavrick Law Firm’s earlier publication, Florida Non-Compete: Supreme Court To Resolve Conflicting Appellate Court Decisions, examined a conflict between the Fourth District Court of Appeal and the Fifth District Court of Appeal that centered around of the protection of referral sources in the home healthcare industry by Florida’s Non-Compete Statute, § 542.335, Fla. Stat.…

Continue reading ›

Client Testimonials

A few months ago our company was in need of a Labor Law Attorney and we were very lucky to have found Peter Mavrick. He is a great attorney, he maneuvered through a rather complex Employers Liability case advocating against the opposition and protecting our company and personal interests. He was...

C.Y.

Peter Mavrick successfully defended our company in a federal court jury trial. The jury ruled our way in a lawsuit by a person claiming our company owed him overtime wages. Mr. Mavrick “out-lawyered” the opposing lawyer and handled the case like our company was his own family’s business.

Business owner Arthur P.

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...

Business owner Kevin W.

Contact Us

Fill out the contact form or call us at 954-564-2246 or 305-570-4042 to schedule your consultation.

Leave Us a Message