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Palm Harbor, FL business litigation attorney Robert D. Eckard discusses how to attack non-compete agreements. He explains that when examining a non-compete agreement, I thoroughly assess its validity and enforceability. In Florida, several criteria must be met for a non-compete agreement to be considered valid and enforceable. Firstly, there must be a written contract signed by the party against whom it is being enforced. Secondly, there must be a legitimate business interest that justifies the need for protection.
The legitimate business interest can either be explicitly outlined in the statute or inferred from the circumstances. If the non-compete agreement lacks a legitimate business interest, it may be deemed invalid. Additionally, I evaluate whether the non-compete agreement is reasonable in terms of its geographic scope, time duration, and the specific activities it seeks to restrict.
If any of these elements are found to be unreasonable or overly restrictive, it could render the non-compete agreement invalid. Therefore, I meticulously analyze all aspects of the non-compete agreement to ensure its compliance with the relevant laws and regulations.