Florida’s Fourth District Court of Appeal reversed, in part, a Broward Circuit Court temporary injunction involving a non-competition covenant between business competitors. 4UORTHO, LLC v. Practice partners, Inc., Physician Wellness Products, LLC, et. al., 18 So.3d 41, 43-44 (Fla. 4th DCA 2009). The injunction prohibited “soliciting any practices which are current or prospective clients” of…
Continue reading ›The recent Third District Court of Appeal opinion in Reliance Wholesale, Inc. v. Godfrey, 2010 Fla.App.LEXIS 19459 at * 9 (Fla. 3rd DCA December 22, 2010), held that where a non-competition covenant is drafted as an “independent covenant,” as distinguished from a “dependent covenant,” a material breach defense premised on the employer’s alleged failure to…
Continue reading ›Under Florida law, non-compete contracts are often held unenforceable due to circumstances of the employer-employee relationship, employee background, or the contract itself. Generally, employers must show they have a “legitimate business interest” to make a non-competition covenant enforceable. A legitimate business interest could include specialized training the employer provided the employee, a sort of investment…
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