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133 results found

Article

Fox Rothschild LLP | USA | 6 Feb 2013

Does Florida permit the assignment of non-compete agreements?

Florida Statute section 542.335(1)(f) prohibits a court from not enforcing a non-compete agreement on the grounds that the party seeking enforcement

Article

Fox Rothschild LLP | USA | 4 Feb 2013

What are the burdens of proof when enforcing a non-compete agreement?

In order to establish that a non-compete agreement is lawful and enforceable, the enforcing party must "plead and prove the existence of

Article

Fox Rothschild LLP | USA | 30 Jan 2013

School specialty, Inc., files bankruptcy in Delaware seeking to sell substantially all of its assets

On January 28, 2013 (the “Petition Date”), School Specialty, Inc, (“School Specialty” or “Debtor”), along with various affiliated entities, filed

Article

Fox Rothschild LLP | USA | 27 Jan 2013

When is an employer's breach of contract a defense to a non-compete agreement?

Florida Statutes section 542.335(1) sets forth the parameters for enforcement of a non-compete agreement in Florida. Supinski v. Omni Healthcare, P.A

Article

Fox Rothschild LLP | USA | 24 Jan 2013

Furniture retailer, Carl's Patio, files for bankruptcy in Delaware

On January 21, 2013, Carl’s Patio, Inc., and various related entities, filed chapter 11 petitions for bankruptcy in the United States Bankruptcy

Article

Fox Rothschild LLP | USA | 19 Jan 2013

Recovering attorney's fees for frivolous litigation - an introduction to Fla. stat. 57.105

Whether a prevailing party can recover its attorney's fees generally depends on whether the right to fees is provided for by contract or statute. In

Article

Fox Rothschild LLP | USA | 19 Jan 2013

Penson Worldwide files for bankruptcy in Delaware

On January 11, 2013, Penson Worldwide ("Penson"), a clearing and settlement provider for the investment trading industry, filed chapter 11 petitions

Article

Fox Rothschild LLP | USA | 8 Jan 2013

Preference complaints filed in RG Steel bankruptcy

Earlier this week, RG Steel Sparrows Point, LLC ("RG Steel"), began filing complaints to avoid and recover what it contends are preferential

Article

Fox Rothschild LLP | USA | 27 Dec 2012

Bankruptcy trustee in ultimate electronics files more preference actions

In July of 2011, the Chapter 7 Trustee (the "Trustee") in the Ultimate Acquisition Partners (formerly "Ultimate Electronics") bankruptcy

Article

Fox Rothschild LLP | USA | 25 Nov 2012

Common defenses to enforcement of a non-compete agreement in Florida

In prior posts, I addressed how employers can enforce non-compete agreements in order to protect legitimate business interests.

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