Litigation attorneys Matthew Zimmerman and Seth Welner co-authored a Daily Business Review article analyzing the Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (CHOICE Act). The new law, which took effect last month, allows for stronger restrictive covenants with certain high-earning employees through enhanced measures for protecting valuable business information, assets such as intellectual property and customer relationships. The CHOICE Act applies to noncompete clauses and garden leave provisions, permitting them to last up to four years, and presumes enforcement, limiting the defenses available to challenge these agreements. Mr. Zimmerman and Mr. Welner’s article outlines these components of the legislation and offers recommendations for businesses as they respond and plan accordingly. The authors note the law distinguishes Florida from other states looking to limit restrictive covenants and can further incentivize companies to initiate or expand operations in the state.
