Richard D. Tuschman, P.A. Employment Lawyers

Is this 11th Circuit Case on Non-Competes a Game-Changer?

Under section 542.335, Florida Statutes, the violation of an enforceable restrictive covenant such as a non-compete agreement creates a presumption of irreparable harm to the party seeking enforcement. Irreparable harm is one of the key elements needed for an injunction, i.e. a court order preventing the former employee from continuing to violate a restrictive covenant. […]

In Non-Compete Litigation, Choice of Law Provisions Matter — A Lot

A recent decision by a Pennsylvania appellate court illustrates the importance of choice of law provisions for companies that want to enforce their non-compete agreements on a nationwide basis. A choice of law provision is a contractual term in which the parties specify that any dispute arising under the contract will be determined in accordance […]

Employee Non-Compete Agreements: One Size Doesn’t Fit All

Can you make your employee non-compete agreement enforceable across all jurisdictions in the United States? Should you even try? Those were two of the questions asked at a panel conference on trade secrets and non-compete agreements which I recently attended. The consensus answer among the panelists was “no” and “no.” I agree. Employee non-compete agreements […]