Knowledge – Experience –Integrity

Non-Compete and Trade Secret Act Litigation

To prevent losing valuable employees, trade secrets and other confidential information to competitors, many employers require employees to enter into non-compete, non-solicitation and/or confidentiality agreements. The attorneys at Nicholson & Eastin, LLP represent businesses and employees in disputes involving these types of agreements.

Non-compete agreements seek to limit employees from going to work for competing business or establishing competing businesses after leaving a company. The former employee is restricted from competing within a specific geographic area and during a specific period of time.

Non-solicitation agreements prohibit current and former employees from soliciting co-workers and customers on behalf of a competing business. Confidentiality agreements seek to protect the public disclosure of confidential business information by a current or former employee.

In addition to contractual agreements addressing these issues, Florida law also contains statutory protection for certain confidential business information that the statute treats as “trade secrets.” If a current or former employee has disclosed trade secrets, the employer can seek damages, including attorneys fees, and in certain cases can obtain and injunction to prevent the employee or a competitor from using the trade secrets for competitive advantage.

Florida law generally favors enforcement of non-compete agreements if they are deemed reasonable. There are special restrictions and public policy considerations when the non-compete agreement involves physicians.

Our experience with non-compete litigation includes:

  • Prosecuting and defending against enforcement of non-compete agreements
  • Seeking the enforcement of non-compete agreements through temporary restraining orders or temporary injunctions

Whether you are an employer seeking to enforce a non-compete agreement, or an employee who disputes the attempted enforcement of such an agreement, the attorneys at Nicholson & Eastin, LLP lawyers have the experience to assist. Please call our office to set up a consultation.