Confidentiality agreements are the least restrictive of the three types mentioned (along with others other than the NDAs). Non-competition bans are the most restrictive. Non-injunction agreements are somewhere between these two. Courts in Florida consider the most reasonable, clearest meaning of the text in a confidentiality agreement. If the language is vague or ambivalent, the court may find that the agreement is unenforceable. At a fundamental level, an NDA or confidentiality agreement is a trade restriction. Florida courts only maintain such agreements if they are properly developed and contain sufficiently strict legal conditions. Your NOA should always be designed, negotiated and verified by a qualified business lawyer in Miami. At Pike-Lustig, LLP, we have extensive experience in managing confidentiality agreements. Here, our legal team focuses on four important concepts that should always be included in your confidentiality agreement. It is also important to understand that a confidentiality agreement is generally a restriction on trade.
Florida courts impose confidentiality agreements only if agreements are properly developed with strict and demanding legal conditions and definitions. There are no requirements for the duration of coverage for a confidentiality agreement. The duration of the agreement should be indicated in the written document. A company may impose a confidentiality agreement as long as the protected information remains considered confidential. Confidentiality agreements should also have a fixed duration. Theoretically, there could be an indefinite NOA. If this is the case, the agreement must have clearly expressed it. There are also situations in which courts may consider an indeterminate NOA to be inappropriate. The most reasonable length of time for your confidentiality agreement always depends on the particular circumstances of your case. Finally, these types of contracts should include a clear remedy in the event of an infringement.
In many cases, parties should consider entering into a liquidated damages clause or any other type of financial assistance abatement. However, there are also cases where abstention measures are a better option. Again, it is best to define the remedies as clearly and easily as possible. In addition, remedies should be proportionate to the damage suffered by the non-injurious party. An overly severe remedy, considered by a court to be a criminal clause, may not be final. An experienced small business lawyer in Florida can help you design the right confidentiality agreements for your business and represent your business even in the event of a breach of a confidentiality agreement. A non-acquisition agreement is designed to prevent a current or former employee from asking employees or customers of the company to leave the company and do business with a competitor or do business. Initiative agreements generally have up to two years` notice and must be written down.
A Florida business lawyer can establish a confidentiality agreement that matches your specific business requirements. Don`t download any of the empty forms available online – it may not be applicable in this state and can`t meet the individual needs of your business. Keep in mind that non-competition bans can only be imposed against employees who are of great value to your business. As the stakes are high, non-competition bans are often found in Florida.