A little bit more information


Legitimate business interests are those assets of a business that are “crucial” or of the utmost importance to the party seeking enforcement . Two, legitimate business interests are those assets of a business that, if mis­appropriated, would give the breaching party an unfair advantage in the market over the party seeking enforcement. Stated differently, legitimate child custody business interests may be seen as those that, if misappropriated, would give the breaching party an advantage that is not usual or inherent in a competitive free market. Consequently, while protection will generally inure to those special assets of a business that confer upon it some unique or critical return or advantage, the preference of Florida law not to interfere in the free market means that not every important asset will be entitled to protection. Against this backdrop, the misappli­cation of the goodwill business interest becomes apparent. Under either the in­vestment-centricor relationship-centric approach, the current understanding of the goodwill business interest under­ mines the construct and purpose of the restrictive covenant statute. Indeed, the current application of the goodwill business interest threatens to introduce into Florida law a right of the party seeking enforcement to unreasonably interfere in the free market, a result the restrictive covenant statute was not deemed to be fair.

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