Non-Compete Litigation

Mark regularly represents employers and employees in litigation involving non-compete agreements. In Florida, non-compete agreement are generally governed by one state statute, Section 542.335. Fla. Stat. Unlike other states whose laws are hostile to non-compete agreements, in Florida non-compete agreements are generally enforceable so long as they are reasonably necessary to protect an employer’s legitimate business interests. The non-compete agreement must also be reasonable in time, geographic area and scope.

 Mark is often retained by employees who desire to work for a new employer who competes with the employee’s previous employer. Frequently the best way to challenge the enforcement of a non-compete agreement is by filing a declaratory judgment lawsuit. Of course there are advantages and disadvantages of filing such a claim and each unique situation has to be discussed and analyzed with the employee.

 Mark has also been hired by employers to enforce non-compete agreements against former employees. It can be a harrowing experience for an employer to provide specialized training to an employee and allow that employee full access to its customers, books and records and vendors only to learn that the employee has obtained new employment with one of the employer’s competitors and is using the experience and former employer’s confidential information and trade secrets to solicit customers for the new employer. Mark has filed emergency motions for injunctions and stopped former employees from violating non-compete agreements.