Restrictive Covenant Drafting and Enforceability

A party seeking to convey an interest in real property may desire to place a restrictive covenant on the interest, creating a legal obligation in the person or entity receiving the interest to either perform or refrain from performing certain actions.  Such a covenant may already operate on the property, inasmuch as they frequently “run […]

The Enforceability of Certain Non-Compete Agreements in Florida

Florida Statutes section 542.335 governs valid restraints of trade or commerce, and provides that enforcement of non-compete clauses are not prohibited so long as same are reasonable in time, area and line of business.  A court will not, however, enforce a non-compete agreement or clause unless it is set forth in writing and signed by […]