Non-compete and non-solicitation disputes are among the most time-sensitive and strategically nuanced matters in business litigation. The right enforcement strategy depends heavily on the facts — and on how quickly a business needs to act.
While these cases are typically brought under breach of contract, Florida law also allows alternative or additional claims under the Florida Uniform Trade Secrets Act and for tortious interference with business relationships, depending on the conduct at issue.
If you’re facing a potential non-compete or solicitation violation, there are generally three approaches to consider:
1. Demand Letter
A demand letter is usually the most cost-effective way to start. It puts the other party on notice, sets forth your legal position, and demands compliance — all without initiating litigation. A strong letter can often achieve voluntary resolution.
Pros:
• Least expensive option
• Preserves goodwill if future cooperation is possible
• Can be effective if the other party is risk-averse or unaware of their obligations
Cons:
• No enforcement power
• May tip off the other side, reducing the chance of surprise emergency relief (see item 2 below)
• Can trigger preemptive action by the other party
2. Ex Parte Injunction (Emergency Court Relief Without Notice)
If a violation is ongoing and causing immediate harm — such as poaching clients or misusing confidential information — it may be appropriate to file a lawsuit and seek an emergency injunction without notifying the other side in advance. Florida courts will sometimes grant this type of relief if the factual and legal basis is strong and time is of the essence.
Pros:
• Preserves the element of surprise
• Can quickly stop damaging conduct
• Sends a strong message to the violator and others
Cons:
• More expensive due to expedited litigation and evidentiary demands
• Must be followed by a formal complex hearing soon after
• Requires strong factual proof and legal preparation
3. Lawsuit with Standard Injunction Request
If surprise isn’t essential — or if you prefer to start with a demand letter and escalate if necessary — you can file a lawsuit and request an injunction on notice to the other party. This approach is often combined with a demand letter as mentioned in item 1.
Pros:
• Can still result in enforceable court orders
• Allows time to prepare a strong evidentiary record
• May encourage settlement early in litigation
Cons:
• No surprise element
• Can be time-consuming depending on court scheduling
• Litigation costs can escalate if the case is contested
Choosing the Right Approach
If the dispute threatens the survival of your business or involves serious financial harm, swift legal action may be warranted. But in more modest disputes, a well-worded demand letter may offer the best balance of cost and impact.
Each situation is different. If you’re facing this type of situation, I’m happy to schedule a consultation to walk through your options and develop the right strategy for your business.
About the Author
Rafael Recalde is a Miami-based business lawyer with over 17 years of experience handling commercial litigation, non-compete enforcement, trade secret protection, and corporate disputes. He represents businesses and individuals in high-stakes matters throughout Florida.
