Enforceability of Non-Compete Agreements In Florida, non-competition agreements are not enforceable, unless it is supported by the existence of one or more legitimate business interests. Section 542.335, Florida Statutes, governs the enforcement of a non-compete agreement, and it provides a list of business interests that would support enforceability. Specifically, the […]
Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated. However, there are restrictions on severance […]
Effective May 1, 2021, Florida adopted the federal summary judgment standard. In re Amends. to Fla. R. Civ. P. 1.510, 317 So. 3d 72, 77 (Fla. 2021). The new summary judgment standard substantively changed the standards courts apply when evaluating a motion for summary judgment, substantially changed the procedural rules […]
Derivative litigation occurs when a shareholder sues another shareholder, officer, or director of the company for misconduct that harms the company. In many derivative lawsuits, the facts are similar: the majority in control of the company commits some wrongdoing (i.e. stealing corporate funds or misdirecting corporate opportunities), and the minority […]
Far too many of us fail to take the time and effort to set up a basic estate plan in the event of an untimely passing. It’s easy to understand why. No one wants to think about how their estate is handed down after they pass away. In spite of […]
On January 6, 2022, the Supreme Court of Florida adopted an amendment to Rule 9.130, Florida Rules of Appellate Procedure, authorizing the immediate appeal of nonfinal orders that grant (or deny) a plaintiff’s motion for leave to amend its complaint to assert a claim for punitive damages. This new rule […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders, or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]
In Florida, non-competes may be enforced by professional service providers so long as they are reasonable in time, area, and line of business. In addition, the non-compete must also protect a “legitimate business interest,” as defined by Section 542.335 of the Florida Statutes. The statute defines legitimate business interests through […]