In today’s litigious business environment, non-compete clauses and agreements are commonplace. Most often affecting employees and employers, and involving a legally binding agreement that the employee will not enter into competition with the employer after the employee-employer relationship ends, non-compete agreements may be the source of contentious litigation. A non compete attorney can help defend or enforce a party’s rights under a non-compete agreement.
Under Florida law, a non compete agreement may be used to (i) protect a business or trade secret; (ii) for specialized or customized training; (iii) with respect to relationships with actual or prospective customers, clients or patients. Florida courts will also scrutinize whether non compete agreements are reasonable in scope and geographic restriction. Florida courts will examine the industry that is the subject of the non-compete agreement, the relationship between the adverse parties, and the reasonableness of the restrictive covenant not to compete.
A non-compete agreement, or covenant not to compete, is more likely to be enforced by Florida courts if it is reasonably limited in time, area, and its definition of “competition.” Although there is no clear cut rule, the shorter the restrictive covenant not to compete, the more likely a court will uphold the covenant. Clearly, covenants not to compete that last 1 year or 2 years are more likely to be upheld by a court than agreements that extend many years into the future. It follows that covenants not to compete that contain reasonably area restrictions are also more likely to be upheld in court. If the non compete agreement contemplates a geographic radius of 5 miles rather than 500 miles, a court will likely uphold it. After all, non compete agreements are part of contracts, so persuading a court to set aside a contractual covenant not to compete-admittedly executed between the adverse parties- is no small task.
Edelboim Lieberman Revah Oshinsky PLLC delivers experienced legal counsel in relation to non-compete disputes. In this complex arena, we draw upon over four decades of legal experience not only in corporate law and commercial litigation but in bankruptcy and real estate law as well. We take advantage of our understanding of all of these key practice areas to provide more effective representation in and out of the courtroom. With a skilled non compete attorney on your side, you can rest assured that your non-compete rights will be enforced. To learn more about non compete agreements and other contractual restrictive covenants, check out this free legal resource.