Florida clarifies enforcement of noncompetes

Article Abstract:

Amendments to the Florida Antitrust Act enacted in 1996 promise to resolve many uncertainties regarding the enforcement of noncompetition agreements. The statute proscribes contracts that restrain trade and identifies exceptions to that rule. Competitive restrictions are among the statute's exceptions. Enforceability depends on whether the restriction is in furtherance of a legitimate business interest. The business interests enumerated in the law omit several important business concerns.

Other Justice, Public Order, and Safety Activities, Franchise Law, Florida, Non-competition agreements, Noncompete agreements, states

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Choice of law in franchise relationships: staying within bounds

Article Abstract:

The cases of Instructional Systems, Inc v. Computer Curriculum Corp illustrate the litigation resulting from issues of choice of franchise law. A franchisee wanted to apply the New Jersey Franchise Practices Act against a franchisor who partially terminated the franchise outside the state and relied upon California law, which had been chosen for the contract. The federal district court held that use of the NJ law would violate the Commerce Clause.

United States, Interpretation and construction, Contracts, Conflict of laws

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