With over two decades of experience in the field, we are widely known as one of the best Florida law firms – if not one of the best nationwide – for representing clients in “must win” disputes involving restrictive covenants (i.e., non-competition, non-solicitation, and non-disclosure agreements) and trade secret disputes. Below are a few examples of the types of services we provide in this area of law.

INDIVIDUAL REPRESENTATION

We’ve represented clients in Florida in virtually every industry, including insurance, financial services, hospitality, solar, home services, recruiting/staffing, and healthcare. The services we provide include, for example:

• Defending individuals (and often their new employer) against alleged violations of non-compete agreements, non-solicit agreements, and non-disclosure agreements, including claims for tortious interference. 
• Defending against temporary or preliminary injunctions in Florida state and federal courts. 
• Responding to cease-and-desist letters.
• Review and assess Florida non-competes, non-solicits, non-disclosures, and other restrictive covenants, including determining whether they are enforceable and potential ways to avoid enforcement.

BUSINESS REPRESENTATION

Florida businesses routinely seek us to protect their legitimate business interests and prevent misuse of trade secrets. Examples of services we provide include:

• Defending against claims by other companies of tortious interference with restrictive covenants and misuse of trade secrets. 
• We represent companies in all claims relating to alleged unfair competition, such as business defamation, false advertising, deceptive business practices, misappropriation of trade secrets, trademark infringes, breach of contract, civil conspiracy, and other statutory, tort, and contract-based claims.
• Drafting employment agreements, vendor agreements, compensation agreements, independent contractor agreements, and restrictive covenants. 
• Helping create robust policies and procedures to protect confidential business information and trade secrets that comply with Florida’s Trade Secret Act. 
• Training HR and owners on best practices to ensure compliance with employment laws.
• Assessing the hire of specific individuals or teams with non-competes or other restrictive covenants to determine potential liability and steps to mitigate liability.

FLORIDA NON-COMPETE LAW GENERALLY

Florida non-compete law is governed by Florida Statute 542.335. In sum, to enforce a restrictive covenant, which includes non-compete agreements, a party must demonstrate:

• The agreement must satisfy the elements of general contract law
• The agreement must be signed. In Florida, a non-compete or non-solicit agreement is not enforceable if not signed by the party against whom enforcement is sought. 
• Legitimate business interests must support the restriction in the agreement. 
• The restriction in the agreement must not be broader than reasonably necessary to protect legitimate business interests. 

Florida Statute 542.335 gives examples of “legitimate business interests,” including protecting confidential information, substantial customer relationships, and the goodwill associated with certain marketing areas. 

We have written extensively on Florida non-compete law, including within the context of specific industries. For more information online, please see our Insights page, which includes Florida Non-Compete Agreement FAQs.

SUCCESS STORIES

We have represented hundreds of clients – if not thousands – concerning non-compete agreements, non-solicitation agreements, trade secrets, and related business litigation. Here are a few examples of success stories and client engagements:

• Advised and negotiated over 500 employment agreements, equity and equity-like agreements, restrictive covenants agreements, and separation agreements on behalf of highly compensated individuals, including c-suite, top sales producers, in-house counsel, professionals, and founders of companies.

• Successfully defeated the company’s motion for a temporary injunction against the prior owner of the company. The company alleged the prior owner violated the non-compete provision in a sale agreement. We defeated the motion and won attorney’s fees for the client.

• Successfully obtained complete dismissal of a federal lawsuit filed by a national recruiting agency against several former employees asserting claims of unfair competition, defamation, and tortious interference. 

• Successfully defeated national salon’s bid for a temporary injunction against former hair stylist.

• Successfully obtained complete dismissal of a lawsuit filed against a former employee of a Florida-based solar company asserting claims of unfair competition, unjust enrichment, and unfair and deceptive trade practices.

• Successfully obtained a preliminary injunction against five home health sales representatives who went to competitors, took trade secrets, and solicited customers in violation of a non-solicit agreement. 

• Represented an insurance agent by convincing a prior employer, a Florida-based insurance company, that its non-compete and non-solicit agreement was unenforceable. Obtained written approval that the insurance company would abandon any efforts to enforce the contract against the former agent before any lawsuit was filed.

• Successfully defended a medical supply company and certain sales employees of that company in a multi-state federal lawsuit involving claims of breach of non-compete agreement and tortious interference against clients. The opposing party, a national medical supply company, initially sought over a quarter million in damages and to enforce 24 months of a non-compete agreement against the sales employees. 

• Successfully obtained a temporary injunction in Florida state court on behalf of a leading electrical supply company against the former executive regarding a breach of the non-solicit agreement.

• Successfully negotiated pre-lawsuit on behalf of a national fitness gym franchisee to hire a general manager who worked at another national fitness gym franchise and had a non-compete agreement. 

• Successfully obtained substantial damages on behalf of a Florida hospital against a former physician who opened a competing practice less than 5 miles from the hospital and directly solicited former patients in violation of non-compete and non-solicit in the physician employment agreement.

• On multiple occasions, we’ve successfully recovered substantial damages for clients threatened with non-compete lawsuits after determining their former employer had an unenforceable non-compete agreement and failed to pay wages properly.

To speak with one of our experienced Florida non-compete lawyers, contact us at 877-858-6868 or coordinator@caklegal.com.