Articles Posted in Non-Compete Agreements

MIAMI BUSINESS LITIGATION: NON-COMPETE AGREEMENT AS PART OF BUYING A BUSINESS
Mavrick Law Firm

An important consideration when buying a business, whether via a stock purchase agreement or an asset purchase agreement, is whether the seller will take the sale proceeds and start a new, competing business. Typically, the seller would have a competitive advantage in competition with the new buyer of the business, due to such matters as…

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FORT LAUDERDALE BUSINESS LITIGATION: RECOVERY OF DAMAGES FOR TRADE SECRET MISAPPROPRIATION
Mavrick Law Firm

Corporations typically rely on employees to handle and safeguard confidential business information, including trade secrets. Under Florida law, a business can seek protection contractually, most often a non-compete agreement, to restrict an employee or former employee from competing by joining a competitor’s business, starting a competing business, or facilitating competition by using confidential or trade…

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MIAMI BUSINESS LITIGATION: EMPLOYMENT NON-COMPETES WOULD BE NULLIFIED BY PROPOSED FEDERAL TRADE COMMISSION RULE
Mavrick Law Firm

Under Florida law, non-compete agreements between employers and employees are allowed when they comply with the requirements of Florida’s restrictive covenant statute, Section 542.335, Florida Statutes. For years, Florida law has allowed non-compete agreements to protect apparent “legitimate business interests” referenced in Section 542.335(1)(b), such as, for example, protecting an employer’s interests in retaining trade…

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FORT LAUDERDALE BUSINESS LITIGATON: RECOVERY OF DAMAGES FOR BREACH OF NON-COMPETE AGREEMENTS
Mavrick Law Firm

Most litigation over restrictive covenants are resolved at the conclusion of the temporary injunction hearing. At that stage, the trial judge has made a decision whether the plaintiff is substantially likely to succeed on the merits of the case. The parties usually are motivated to settle the case at that point. However, in some cases…

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MIAMI BUSINESS LITIGATION: NON-COMPETE AGREEMENTS AND TRADE SECRETS
Mavrick Law Firm

Florida’s non-compete statute goes hand-in-hand with Florida law prohibiting trade secret misappropriation. Under Florida’s statute governing non-compete agreements, a trade secret is a “legitimate business interest” to restrict employees and former employees from competing against their former employers. Florida Statutes § 542.335(1)(b)(1) (legitimate business includes “trade secrets”). A restrictive covenant in Florida is given an…

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MIAMI BUSINESS LITIGATION: PRESUMPTION OF IRREPARABLE INJURY IN NON-COMPETE LAWSUITS
Mavrick Law Firm

Florida’s non-compete statute states in pertinent part, at Florida Statutes § 542.335(1)(j), that “[t]he violation of an enforceable restrictive covenant creates a presumption of irreparable injury.” There is a divergence, however, in the application of this presumption between Florida state courts and federal courts. Florida state courts routinely apply this presumption when the plaintiff proves…

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FORT LAUDERDALE BUSINESS LITIGATION: ENFORCEMENT OF NON-COMPETE INJUNCTION AGAINST NON-PARTIES FOR “AIDING AND ABETTING”
Mavrick Law Firm

Under Florida’s non-compete statute, Florida Statutes section 542.335(1(a), a court “shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.” The most common method of enforcing restrictive covenants is an injunction, i.e., a court order barring a particular act such as operating…

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MIAMI BUSINESS LITIGATION: FLORIDA LAW CONCERNING DISCOVERY OF TRADE SECRETS
Mavrick Law Firm

Florida law contains an explicit privilege against disclosure of alleged trade secrets. This trade secret privilege is set forth in Florida Statutes Section 90.506, which states in pertinent part: “A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance…

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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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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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