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Non-Compete Provisions in Employment Agreements

Q: Are all non-compete provisions enforceable? A: No. Florida law only allows enforcement of written non-compete agreements that protect one or more legitimate business interests. A non-compete agreement that is not supported by a legitimate business interest is void and unenforceable. Legitimate business interests include: (1) trade secrets, (2) confidential business information, (3) substantial customer […]

Real Estate Contract Provision Regarding Agents

Real Estate Contract Provision Regarding Agents A recent 2016 First District Court of Appeal case has addressed a common provision in a Florida real estate contract that was designed to protect real estate agents. The contract language provides that the purchaser shall rely solely on the representations of sellers and third parties, other than the […]

Notice To Owner Exceptions Still Exist in Florida

Notice To Owner Exceptions Still Exist in Florida Under normal residential and commercial construction projects, subcontractors are not in direct privity with an owner. Thus, the subcontractor who wants to protect his or her lien rights files a Notice to Owner (“NTO”). The NTO must be filed before commencing work or within 45 days from […]

Do I Need To File An Annual Report For My Business Entity In Florida?

The Secretary of State requires an annual report to be filed with their office, together with payment of a filing fee that ranges from $138.75 for LLCs and $150.00 for corporations to $500.00 for LPs or LLLPs. The annual report can be filed online at or by U.S. mail. Our office handles the filing […]

Hacking & Digital Theft Damages May Now Be Recoverable In Florida Courts

New Law Allows Businesses Victimized by Hacking & Digital Theft Recover in Florida Courts Florida’s Computer Abuse and Data Recovery Act (“CADRA”), which became effective on October 1, 2015, provides a potent civil remedy for businesses harmed by persons who access, take, disclose, or destroy business data, systems or software from a “protected computer” without […]

Martindale Hubbell AV Rating Is Awarded to Attorney Beatriz McConnell For Business & Commercial Litigation

Martindale Hubbell AV Rating Is Awarded to Attorney Beatriz McConnell For Business & Commercial Litigation. Englander Fischer is proud to recognize Beatrice McConnell who recently received an AV rating from Martindale Hubbell in Business and Commercial Litigation. Following an extensive and confidential review by members of the Bar and Judiciary, this designation allows Beatrice to join a […]

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