Litigation and Alternative Dispute Resolution

Contact: Berger Singerman (Florida, USA)

Florida’s First District Court of Appeal, reversing the trial court, held that a company’s sale of all of its intangible assets included the right to enforce a non-compete agreement against a former employee, bringing substantial clarity to the area.  The opinion further demonstrates how employers may preserve goodwill, confidential information and trade secrets by treating non-compete enforcement rights as intangible assets, which may be transferred by assignment, at least in connection with a sale of all of the employer’s assets.

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