Non-Compete Litigation

Our firm represents both employers and employees in disputes involving non-compete agreements and other restrictive covenants. In Florida, these agreements are governed primarily by Section 542.335, Florida Statutes, which generally favors enforceability when the agreement is reasonably tailored to protect an employer’s legitimate business interests. To be enforceable, a non-compete must be reasonable in terms of duration, geographic scope, and the nature of the restriction.

We are frequently retained by employees seeking to move to a new job that may be in tension with a prior non-compete agreement. In many cases, the best way to challenge the enforceability of a restrictive covenant is to file a declaratory judgment action. This legal strategy can clarify the employee’s rights and obligations before any alleged violation occurs. We help clients carefully weigh the pros and cons of such actions and develop a strategy aligned with their professional and financial goals.

Our attorneys also represent employers looking to enforce non-compete agreements against former employees who are using confidential information, trade secrets, or customer relationships to benefit a competitor. We understand the frustration and financial risk that can arise when a former employee attempts to leverage proprietary knowledge in violation of their agreement. Our team has filed and litigated emergency motions for temporary injunctions, successfully stopping unlawful competition and protecting our clients’ businesses from immediate harm.

Whether you are an employer seeking to uphold a non-compete or an employee exploring your options, we provide strategic, practical guidance designed to protect your interests and minimize legal risk.

 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.