Non-Competition/Non-Solicitation Agreements and Trade Secrets (On-Demand)


This course will cover Non-Competition/Non-Solicitation Agreements and Trade Secrets.

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Event Details

Course Type

Original Date Of Course

Course Instructor

Charles W. “Skip” Sell, Esq., Teresa N. Phillips, J.D.

General Credits


Course Description

This course will cover Non-Competition/Non-Solicitation Agreements and Trade Secrets.


Part 1 – Non-Competition and Non-Solicitation Agreements

  1. Introduction
    1. Employers’ Viewpoint
    2. Employees’ Viewpoint
  2. Brief History
    1. Known as Restrictive Covenants
    2. Arise in Employment and Purchase / Sale Agreements
    3. Often Found Invalid in Common Law
    4. Florida Statutory Guidelines
  3. The Law
    1. FL Statute Sec. 542.335
    2. Common Law
  4. The Good, Bad, and Ugly
    1. Free Trade is Protected
    2. Valid Restraints Allowed
    3. Courts Balance Competing Interests
  5. The Statute
    1. Governs Enforceability
    2. Reasonable
    3. Primary Standard
    4. Protect Legitimate Business Interest
    5. Reasonable in Time, Area and Line of Business
  6. Pro-Employer Statute?
    1. Court Not Consider Individualized Economic or Hardship
    2. Statute Prohibits Rules of Contract Construction
  7. The Common Law
    1. New York Court Found Florida Statute Void
    2. Florida Supreme Encouraged Trial Court to Examine Reasonableness
  8. Notable Cases
    1. Florida
    2. Other States
  9. New State Legislation
    1. Florida Physician Non-Compete
    2. Other States
  10. New Federal Legislation
  11. Ways Employees and Employers Lose Restrictive Covenant Cases
  12. Key Takeaways

Part 2 – Trade Secret

  1. Applicable Law
    1. The Florida Uniform Trade Secrets Act
    2. The Federal Defend Trade Services Act
    3. Common Law Remedies
  2. What Constitutes a Trade Secret?
    1. Definitions
    2. Common and Not So Common Examples
    3. Patents and Copyright Registration and Trade Secrets
    4. Examples of Ways to Reasonably Protect
  3. What Constitutes Misappropriation?
    1. Definitions
    2. Improper Defined
  4. Duties in Addition to Statutory and Common Law
  5. Remedies
    1. Civil Remedies
    2. Criminal Remedies
    3. Additional Contractual
    4. Remedies
  6. Conclusion
    1. Summary
    2. Open Discussion


Teresa N. Phillips, J.D.

Charles W. “Skip” Sell, J.D.

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