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Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida

January 31, 2023 Professional Services Industry Legal Blog

Florida law imposes many requirements on parties attempting to enforce noncompete agreements—some of which can be commonly overlooked. As outlined in the article below, Section 542.335, Florida Statutes, imposes the familiar requirements that can take substantial time and resources to satisfy. In that effort to satisfy the statutory requirements, foundational […]

Security Personnel as Independent Contractors – Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors?

January 31, 2023 Professional Services Industry Legal Blog

When someone hired by the company commits a wrong, the company’s potential exposure to liability varies greatly depending on whether the individual is classified as an “employee” or an “independent contractor.” In high-risk fields of service, like those involving security, “bouncers,” or other fields which may require a company to […]

Security Personnel as Independent Contractors – Part I: What Makes an Individual an Independent Contractor Instead of an Employee?

January 31, 2023 Professional Services Industry Legal Blog

When someone hired by the company commits a wrong, the company’s potential exposure to liability varies greatly depending on whether the individual is classified as an “employee” or an “independent contractor.” In high-risk fields of service, like those involving security, “bouncers,” or other fields which may require a company to […]

Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests

January 31, 2023 Professional Services Industry Legal Blog

Referral relationships are a valuable business asset that can be difficult to protect with noncompete agreements. Depending on whether your company is seeking to enforce a noncompete agreement or defend against its enforcement, that difficulty can act to your detriment or in your favor. However, Florida courts have evaluated referral […]

Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes

January 31, 2023 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Banks and credit unions should not only routinely require, but also closely scrutinize, criminal background checks during the hiring process in order to maintain compliance with applicable regulatory schemes. As lenders and depositories, banks and credit unions are subject to numerous regulatory schemes under both federal and Florida law. This […]

What Staffing Agencies Need to Know About Demonstrating Legitimate Business Interests to Enforce a Noncompete Agreement

January 30, 2023 Professional Services Industry Legal Blog

Staffing Agencies that seek to implement, or that otherwise encounter, noncompete agreements need to understand how noncompete agreements work and their typical application in the recruiting industry. This article describes the general principles associated with noncompete statutes and analyzes a case identifying certain “legitimate business interests” (which must be demonstrated […]

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