Customers, Customer Information & Florida Non-Compete Agreements

In any given week, roughly twenty people call my office regarding a non-compete or trade secrets case.   The vast majority of the time, the call comes from a former employee who has signed a non-compete agreement, left one company and gone to work for another.  In some instances, the individual hasn’t gone to work for

Trade Secret Misappropriation & Preemption Under Florida Law

Non-compete cases often involve a number of different claims.  In many cases, plaintiffs not only seek damages under a breach of contract theory, but also advance numerous other causes of action.  The reasoning is fairly straight-forward:  Throw as many claims as possible into the complaint and see if one of them will stick.   For a

Florida Non-Compete Disputes – Don’t Forget the Counterclaims

Let’s talk about non-compete cases and counterclaims. Although I am based in Fort Lauderdale, I get calls from throughout Florida and beyond.  Last week, I got a call from New York.   In most instances, the people who call me have just received a cease and desist letter.  At this point, the options are pretty straight

Florida Non-Compete Agreements: Customers and Customer Lists

Under Florida Statute 542.332, legitimate business interests generally include confidential information, customer relationships or extraordinary investment in the employee’s training or education.  The vast majority of non-compete disputes involve the first two of these interests.  Let’s focus on customer relationships.  Per the relevant Florida Statute, a non-compete agreement can be used to protect: 4. Customer,

Latest Chapter in the (Crazy) Freedom Medical RICO / Non-Compete Litigation

What follows is one of the most absurd, complicated, fantastical non-compete-related disputes that I have ever seen.   This is going to be a long one. The Major Players In 1997, two individuals in Pennsylvania formed a company called Freedom Medical, Inc.  Freedom Medical engages in the business of buying and selling medical equipment.  In 1999,

Florida Non-Compete Agreements, Confidential Information and Trade Secrets

In today’s world, it seems like nearly every company in the United States has adopted a strategy of using aggressive non-compete agreements, regardless of whether those agreements are necessary, reasonable or enforceable.  Unfortunately, many people do not realize that non-compete agreements are frequently either unenforceable or subject to significant revision by a court.  Instead, many