Monday, March 25th, 2013 | Author:kelsky_admin Restrictive Covenants and New Ownership of an Existing Business

Employees should not believe that non-compete agreements are unenforceable just because their employer sold the business to another person or entity.  Fla. Stat. § 542.335 specifically provides that non-compete agreements are assignable provided that the “restrictive covenant expressly authorized enforcement by a party’s assignee or successor.”  Thus, an employee must carefully review their non-compete agreement […]

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Friday, March 15th, 2013 | Author:kelsky_admin Successful Arbitration Recovery in Real Estate Dispute

Brad Kelsky, Esq., is pleased to announce the successful recovery of the full amount of a substantial real estate deposit through an arbitration conducted by the American Arbitration Association.

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Monday, March 11th, 2013 | Author:kelsky_admin Non-Compete Agreement Time Periods Less Likely to Be Modified for Higher Level Employees

The enforcement of non-compete agreements is subject to Fla. Stat. § 542.335.  The statute sets forth various presumptions as to reasonable time restrictions on restrictive covenants.   These presumptions are “rebuttable” meaning that the Court can consider evidence in opposition that may lead to an alteration of the time periods set forth in the statute. […]

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Monday, March 4th, 2013 | Author:kelsky_admin Importance of Drafting Clear Non-Compete Agreements

The following language defeated the purpose of a non-compete clause:  “Employee shall not own, manage, operate, control, be employed by, assist, participate in, or have any material interest in any business or profession engaged in general equine veterinary practice located within a thirty (30) mile radius of 19801, County Road 561, Clermont, Florida [FEVS’s business […]

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