Florida Non-Compete and Trade Secret Disputes

Matters we handle

• Enforcing non-compete and non-solicitation agreements against former employees, contractors, and sellers of a business
• Defending businesses that hire someone bound by a prior employer’s agreement
• Temporary and permanent injunctions
• Misuse of customer lists, pricing, and other confidential information
• Claims under the Florida Uniform Trade Secrets Act and the federal Defend Trade Secrets Act
• Employee raiding and interference with customer relationships
• Drafting and reviewing non-compete, non-solicitation, confidentiality, and garden leave agreements

Florida law at a glance

• Most restrictive covenants in Florida are governed by section 542.335, Florida Statutes. The agreement must be in writing and signed, and the business must show a legitimate business interest, such as trade secrets, confidential information, substantial customer relationships, customer goodwill, or specialized training.
• The statute sets presumptions for how long a restriction may last. For a former employee, six months or less is presumed reasonable and more than two years is presumed unreasonable. For the sale of a business, three years or less is presumed reasonable and more than seven years is presumed unreasonable.
• A court must narrow an overbroad restriction instead of refusing to enforce it, and may award attorney’s fees to the prevailing party.
• The Florida CHOICE Act, effective July 1, 2025, adds separate rules for certain agreements with higher-earning employees, including longer allowable terms and a presumption in favor of an injunction when its requirements are met.
• A claim under Florida’s trade secrets statute, Chapter 688, generally must be filed within three years after the misappropriation is discovered or should have been discovered.

General information about Florida law, not legal advice about your situation. Deadlines and requirements depend on the facts and the documents involved.