© 2017  HODKIN STAGE WARD PLLC

Attorneys at Law

 

54 S.W. Boca Raton Boulevard  |  Boca Raton, FL 33432  |  info@hswlawgroup.com  |  561.810.1600

Follow Us

November 14, 2017

It is commonly known that trial courts applying Florida law to an employment contract containing a covenant not to compete will enter injunctive relief enforcing the covenant so long as the agreement is in writing, signed by the person to be bound, is reasonable in geographic scope and duration, and finally, is supported by a legitimate business interest. These requirements are spelled out in Florida Statute § 542.335. The statute also defines legitimate business interests, identifying a non-exhaustive list that includes 1) trade secrets, 2) valuable confidential business or professional information, 3) relationships with existing customers, patients or clients, 4) goodwill associated with an ongoing business, a specific geographic location or a specific marketing or trade area, and finally, 5) extraordinary or specialized training. Again, this is a non-exhaustive list, and the statute itself makes this clear. In defining legitimate business interests, the relevant section states that...

September 15, 2017

White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, SC16-28, SC16-400

Home health referral sources can be a protected legitimate business interest under Fla. Stat. 542.335. In these two cases consolidated for review before the Supreme Court, both Employees were former employees of licensed home health care companies. Both Employees engaged in conduct in violation of their non-compete compliment contracts by working for direct competitors of their prior employers within the non-compete territories during the relevant periods. Because a contract providing restrictions on competition must involve a legitimate business interest as defined by statute to be enforceable, at issue was whether home health service referral sources can be a protected legitimate business interest under section 542.335 sufficient to support a restriction on competition in a contract. The Supreme Court held that home health service referrals may be a protected legitimate business interest dependi...

Please reload

  • Facebook - Black Circle
  • Twitter - Black Circle
  • Google+ - Black Circle
  • LinkedIn - Black Circle

September 26, 2017

Please reload

Recent Posts
Search By Tags
Featured Posts

A Clever Marketing Campaign or Illegal Gambling? What you need to know...

August 6, 2015

1/2
Please reload

Archive
Please reload