Employee’s apparent authority binds employer: Company pays the price for rogue employee

Apparent Authority

The question of apparent authority stayed on the mind of a South Florida business owner when he was found liable for a faulty contract entered in by a rogue employee. Peggy and William Post sought relief from the Florida heat and Read More …

CPLS, P.A. Attorney, James W. Smith’s Guest Appearance on WOKB’s Real Family Talk

Last week, CPLS, P.A. attorney, James W. Smith III made a guest appearance on WOKB’s Wednesday show, Real Family Talk and offered a legal perspective on three big cases: Burwell v. Hobby Lobby, Harriss v. Quinn, and Diaz v. California. Read More …

Commentary on Selected Appellate Opinions

Covenants [Agreements] not to Compete. Richard Towers, Inc. v. Denton, 4D12-5493, 2014 Fla. App. LEXIS 3472, (Fla. 2nd DCA March 12, 2014) ISSUE: Whether an employee’s covenant not to compete was independent of the employer’s covenant to pay the employee, Read More …

Companies Should Review Their Non-Compete Agreements And Update Them, If Necessary, Before It Is Too Late

CONCLUSIONS: 1. Non-compete agreements may not be enforceable against employees or independent contractors by successor companies unless drafted properly. 2. Non-compete agreements between employees and their original employers which specified that they applied only to the specific companies that had Read More …

Florida Courts may review non-compete agreements for reasonableness in time, area and relation to a legitimate business interest of the employer

CONCLUSIONS 1. A covenant not to compete which prohibits competition per se violates public policy and is void. 2. A condition precedent to the validity of a covenant not to compete entered into by an agent, independent contractor or employee Read More …