Non-Compete Litigation Attorney in Jacksonville, FL

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Mike Duncan is a lawyer who is well-versed in business contracts and litigation, including litigating about non-compete agreements. Mike can represent you in litigation to either enforce a non-compete agreement/clause or to defend against a claim that a non-compete agreement/clause has been violated. These situations require quick action; contact Duncan Trial & Mediation to speak with an attorney today. Mr. Duncan assists clients in Duval County, Nassau County, and Saint Johns County, FL.

Non-Compete Agreement Litigation

In Florida, non-compete agreements are governed by Chapter 542 of the Florida Statutes. Generally speaking, non-compete agreements must be reasonable in duration and geographic scope or boundary. Reasonableness of a particular non-compete agreement geographic scope will depend mostly upon the particular industry or profession involved. With regard to time limitations, Florida courts will rarely uphold employee non-compete agreements that are greater than two years in duration.

In Florida, a non-compete agreement may only be used to protect legitimate business interests. In Florida, legitimate business interests typically include trade secrets, confidential information, extraordinary investment in the employee, customer relationships, or corporate goodwill. If there is no legitimate business interest to support the non-compete agreement, the non-compete agreement may be declared invalid under Florida Law.

If Someone Claims You or Your Business Has Violated a Non-Compete Agreement

Quick action may mean a number of different things. It might mean negotiating with a former employer or business partner out of court; disputes can often be settled on terms that are agreeable to all involved parties before costly litigation is started. In other situations, the best course of action may be to sue first for a declaratory judgment holding that the non-compete agreement is unenforceable under Florida law. For example, if you have received a cease and desist letter from the other side but the facts and law are strongly in your favor, you may want to sue to ask the court for a declaratory judgment finding the non-compete agreement to be unenforceable. In other situations, you may need to defend against a lawsuit filed against you claiming that you have violated a non-compete agreement. Please note that the best strategy for addressing any non-compete agreement will depend upon the facts and circumstances specific to your case as well as the applicable law.

If You Believe Someone Has Violated Your Non-Compete Agreement

Quick action may mean immediately sending a cease-and-desist letter to the offending party. In other circumstances, quick action may require immediately filing a lawsuit and asking the court for a temporary restraining order or preliminary injunction to prevent irreparable harm to legitimate business interests such as the improper use of a company’s confidential information, improper use of a company’s trademarks or other intellectual property, or solicitation of a company’s customers. Please note that the best strategy for addressing any non-compete agreement will depend upon the facts and circumstances specific to your case as well as the applicable law.