Covenants-Not-To-Compete

The firm has a great deal of experience in representing both employers and employees (and former employees) in matters involving covenants-not-to-compete (sometimes referred to as restrictive covenants or noncompetition agreements). The firm has represented many individual physicians who were employed pursuant to such agreements, in negotiating or litigating a release from them.

Although restrictive covenants are enforceable under Florida law, there are many exceptions which apply that may be used to prevent or avoid enforcement, especially when a physician is involved. We have developed experience in identifying such exceptions and using them to our client's advantage. we have also developed a bank of experts to call upon who have developed expertise in various areas that are useful in litigation involving such matters, if litigation is necessary.

The firm represents employers, usually medical groups, medical practices, or hospital affiliated entities, in preparing restrictive covenants for their employees and in enforcing them, by litigation if necessary. We prepare a detailed, extensive Noncompetition and Nonsolicitation Agreement for our employer clients that forecloses most possible defenses that may be available to an employee under Florida law.

The firm represents individual employees and former employees, usually physicians or other professionals, in preparing strategies to avoid enforcement of such restrictive covenants, in negotiating or mediating a release from such agreements, and in litigating them to obtain relief for the client, when necessary. We have defended physicians in attempts by employers and former employers to enforce restrictive covenants through hearings for injunctive relief and other litigation.

For a copies of Florida state court decisions in which we were involved where we obtained relief for the physicians who were employees, click on the following links: 1, 2. (PDF)

Main Office • 1101 Douglas Avenue, Altamonte Springs, FL 32714
Orlando Branch Office • 37 N. Orange Ave., Orlando, FL 32801
Pensacola Branch Office • 201 E. Government St., Pensacola, FL 32502
Telephone: (407) 331-6620 & (850) 439-1001 • Telefax: (407) 331-3030

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