Miami Non-Compete Attorneys
Non-compete agreements are lawful under Florida law, subject to certain limitations. Defenses often exist to defeat non-compete agreements. Our Miami employment lawyers specialize in non-compete disputes.
Award Winning Non-Compete Lawyers In Miami, Florida
Schedule A Consultation
Cantrell Schuette, P.A., is a go-to non-compete law firm in Miami, Florida and throughout Florida. Many law firms have attorneys that handle an array of legal practices areas. At Cantrell Schuette, P.A., however, a core practice for many of our attorneys is providing non-compete and non-solicit related counseling and litigation services. We also handle legal claims that are often connected with non-compete and non-solicit type disputes, such as claims asserting trade secret misappropriation, business defamation, and breach of fiduciary duties. For a free consultation, contact us at (305) 684-8004 or coordinator@caklegal.com
Non-compete, non-solicit, and non-disclosure disputes often arise in the context of an employee or contractor going to work for a competitor or starting a competing company. They exist in other contexts too. A free market with thriving competition among companies is a valued principal in the U.S. Most states, however, do permit companies to have non-compete, non-solicit, non-disclosure, and other restrictive covenants, so long as those restrictions serve a legitimate business interest, as opposed to purely anti-competitive motives, and meet certain other requirements. Fla. Stat. § 542.335 governs the enforceability of restrictive covenants, including non-compete agreements, in Florida and individuals residing in Miami-Dade County.
It is imperative for individuals to understand any restrictive covenants they are asked to sign. At a minimum, speaking with a non-compete law firm like ours will help individuals and businesses understand their options when guidance is needed, or a dispute arises, concerning restrictive covenants in Florida. We are regularly hired in connection with individual or group employment transitions to help minimum legal expose.
Florida Non-Compete Legal Advice and Lawsuit Representation
We have some of the top non-compete attorneys in Miami and surrounding areas, including Fort Lauderdale and West Palm Beach. We have the experience and credentials:
- All our attorney have substantial experience in counseling and dispute resolution for non-compete and non-solicit agreements.
- Our attorneys are more than non-compete specialists – they are leaders in the field. For example, we regularly publish articles on non-compete legal developments and provide training seminars to trade associations and to other attorneys at legal conferences on the subject of non-competition agreements in Florida.
- Our Florida-based non-compete lawyers are have obtained an “AV” rating by Martindale Hubbel, which is the highest rating available. Our Florida-based attorneys were also recognized as Florida Super Lawyers.
- We handled a substantial number of non-compete lawsuits and other business litigation disputes in the state and federal courts in Miami-Dade County and Broward County. As a result, we are familiar with the courts and many of the judges in South Florida.
- Each of our attorneys attended top U.S. law schools, such as Harvard Law, University of Florida, and Florida State University, and excelled.
Just as important, we are passionate about the work we do. We genuinely care about fair competition. That is why we don’t accept everyone as clients. We only take on client causes that we believe are on the right side of “fair” competition. Often, we defend clients in Miami and the surrounding areas against enforcement of non-competition agreements. We believe few non-competition agreements are necessary. In exceptional and compelling circumstances, we prosecute lawsuits on behalf of companies in Miami and the surrounding areas, typically in the context of non-solicit agreements, misappropriation of trade secrets, false advertising, business defamation, or other unlawful actions that constitute unfair competition.
To speak with one of our Miami-Dade County non-compete lawyers, contact us at (305) 684-8004 or email coordinator@caklegal.com.
Miami, Florida Non-Compete, Non-Solicit, and Non-Disclosure Attorney
We are a top law firm for “must win” disputes involving restrictive covenants and related business competition disputes. Below are just a few examples of the types of services we provide in this area of law.
Individual Representation. We represent individuals in all facets matters relating to restrictive covenants. Our individual clients regularly include owners of start-ups, top sales representatives, c-suite executives, entire sales or executive teams, and individuals in industries that often utilize non-competes and non-solicits. These industries include, for example, insurance, financial services, recruiting/staffing, and healthcare. Examples of reasons we are hired include:
- Defending individuals (and often their new employer) against alleged violations and enforcement of non-competes, non-solicits, and non-disclosures, including claims for tortious interference
- Defending against companies seeking temporary or preliminary injunction.
- Responding to cease-and-desist letters
- Review and assessment of non-competes, non-solicits, non-disclosures, and other forms of restrictive covenants, including determining whether they are enforceable and potential ways to avoid enforcement.
Business Representation. We are routinely hired by businesses in connection with protecting their legitimate business interests ensuring fair competition by others. Examples of legal work we do on behalf of businesses include:
- Defending against claims by other companies of tortious interference with restrictive covenants.
- We represent companies in all claims relating to alleged unfair competition, such as false advertising, deceptive business practices, misappropriation of trade secrets, business defamation, trademark infringes, breach of contract, civil conspiracy, Lanham Act, and other statutory, tort, and contract-based claims.
- Drafting employment agreements, vendor agreements, compensation agreements, independent contractor agreements, and restrictive covenants. We stay abreast of the law and trends to ensure our agreements are cutting edge.
- Helping create robust agreements and policies and procedures to ensure protection of confidential business information.
- Training HR and owners on best practices to ensure compliance with employment laws.
- Assessing the hire of certain individuals or teams with non-competes or other restrictive covenants to determine potential liability and steps to mitigate liability.
Contact us at (305) 684-8004 or email at coordinator@caklegal.com
Success Stories
We have represented literally hundreds of clients with respect to non-compete agreements and related business litigation. Here are a few examples of success stories and client engagements:
- Successfully defeated trucking company’s motion for temporary injunction against prior owner of company. The trucking company alleged the prior owner violated the non-compete provision in a sale agreement. We not only defeated the motion, but also won attorney’s fees for client.
- Successfully obtained complete dismissal of federal lawsuit filed by national recruiting agency against several former employees asserting claims of unfair competition, defamation, tortious inference, and RICO.
- Successfully obtained complete dismissal of lawsuit filed against former employee of Florida-based solar company asserting claims of unfair competition, unjust enrichment, and unfair and deceptive trade practices.
- Successfully defeated national salon’s bid for a temporary injunction against former hair stylist.
- Successfully represented an insurance agent by convincing prior employer, a Florida-based insurance company, that its non-compete and non-solicit agreement were unenforceable. Obtained written approval that insurance company would abandon any efforts to enforce the agreement against the former agent, prior to any lawsuit being 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, originally sought over a quarter million in damages and to enforce 24 months of a non-compete agreement against the sales employees. Prior to injunction hearing, resolved case with no damages being paid and dramatically reduced and narrowed the terms of the disputed non-competes and non-solicits.
- Successfully obtained temporary injunction in Florida state court on behalf of leading electrical supply company against former executive in connection with breach of 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. Prior to our involvement, the fitness facility had threatened to sue our client and the former general manager and sought substantial damages. The settlement resulted in our client hiring the general manger, no lawsuit, and paying less than 10% of the amount originally demanded.
- Successfully obtained injunctive relief on behalf of a national home health care agency against several former employees and their new employer in connection with claims involving trade secrets, breach of fiduciary duties, and breach of non-solicits.
- Successfully obtained substantial damages on behalf of a Florida hospital against former physician who opened competing practice less than 5-miles from the hospital and directly solicited former patients in violation of non-compete and non-solicit in physician employment agreement.
- On multiple occasions, successfully recovered substantial damages for clients who were threatened with non-compete lawsuits after determining their former employer not only had an unenforceable non-compete agreement but also failed to pay wages properly.
- Negotiated over 50 executive employment agreements, restrictive covenants agreements, and separation agreements on behalf of highly compensated individuals, including top sales producers, c-suite executives, in-house counsel, and founders of companies.
FAQs and Non-Compete Educational Materials
We have several free educational materials on Florida non-compete law. Our Florida Non-Compete Frequently Asked Questions can be found here . We also have many articles relating to specific Florida non-compete topics and non-compete disputes in Miami, which can be found here
Other Practice Areas
Cantrell Schuette, P.A. is a competition litigation boutique. As such, the firm must also have subject matter expertise in commercial litigation and employment law; both of those areas of law are often tied to competition-related disputes. Common examples of competition law issues between companies include allegations of trade secret theft, tortious interference with non-compete and non-solicit agreements, breach of non-disclosure agreements, false advertising claims, internet marketing practices, and trademark infringement. For employees and contractors, typical competition law issues include disputes over non-compete and non-solicit agreements. Please visit the firm’s litigation practice areas for more details on the type of disputes we handle and examples of past results.
Miami and Miami-Dade County, Florida Non-Compete Landscape
Miami is in Miami-Dade County, Florida. Miami is the largest city in Florida, and one of the largest in the US. There are several courts located in Miami-Dade County, Florida including state courts and federal courts . Lawsuits involving non-compete, non-solicit, or non-disclosure agreements are most often filed in state court. Under limited circumstances, such as diversity jurisdiction or where federal claims are included, non-compete lawsuits can also be in federal court.
To speak with one of our experienced Miami non-compete lawyers, contact us at (305) 684-8004 or coordinator@caklegal.com
