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NON COMPETE / NON DISCLSOURE

Coral Gables Non Compete / Non Disclosure Attorneys

NON-COMPETITION AGREEMENTS

Companies utilize non-compete agreements primarily to restrict an employee, upon his or her departure from the company, from immediately working for a competing company, and to prevent the revelation of important business information to that new company.

In Florida, such protected information can include: trade secrets, valuable business information that otherwise does not qualify as a trade secret, client or prospective client lists, and extraordinary or specialized training.

Non-Competition agreements in Florida are enforceable as long as the following conditions are met:

  • the duration of the agreement isn't unreasonable. In Florida, six months is often considered reasonable, but a two-year non-compete agreement is likely to be viewed as unreasonable.
  • the company wishing to enforce the agreement must have a legitimate interest in enforcing it, and must not simply be overreaching or enforcing the agreement without good reason.
  • NON-DISCLOSURE AGREEMENTS

    Good non-compete agreements contain non-disclosure clauses, designed to restrict the revelation of "legitimate business interests" such as trade secrets and proprietary and confidential information.

    It may be possible for a company protected by a non-disclosure agreement to sue for damages, legal fees, and even profit disgorgement, whereby profits resulting from the wrongful disclosure are surrendered.

    GETTING OUT OF A NON COMPETE AGREEMENT

    The burden of proof that a non-compete agreement is reasonable in its duration and scope is on the company wishing to enforce the agreement, and not on the employee wishing to get out of the agreement.

    A qualified business attorney familiar with non-compete and non-disclosure agreements is often utilized to illustrate that an agreement is unreasonable, or that no legitimate business interest exists to enforce the agreement.

    Contact our office today for legal assistance with non-compete agreements.

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