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Are non-solicit agreements enforceable?

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Generally non-solicit agreements are enforceable, but they must be reasonably tailored for the company’s legitimate business interests, and they must be reasonable both in their time and scope. A non-solicit for 10 years in the entire United States may not be reasonable in time and scope. That does not, under Florida law, mean it gets thrown out. That means the court has an opportunity to narrowly tailor it for a shorter period of time. The take away here is, if you’ve signed a non-solicit and you’re thinking about competing, you really need to have that agreement reviewed by an lawyer because it can be very risky business to violate that agreement. It’s expensive and you would do well to understand your rights before doing so.

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