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ARTICLE · 07 OCTOBER 2025

Antitrust Litigation 2025

Boies Schiller Flexner LLP
Boies Schiller Flexner LLP
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Boies Schiller Flexner LLP

Boies Schiller Flexner LLP

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In the recently enacted Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (the "CHOICE Act"), Florida – which was already an employer-friendly...

United StatesAntitrust/Competition Law
Stuart H. Singer
Stuart H. Singer
Carl Goldfarb
Carl Goldfarb

Trends and Developments

Florida's New CHOICE Act Seeks to Enhance Enforcement of Non-Competes

In the recently enacted Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (the "CHOICE Act"), Florida – which was already an employer-friendly state – inaugurated an even more pro-employer framework governing non-compete agreements for covered workers.

The CHOICE Act's provisions apply to companies based in Florida, regardless of where the worker resides, if the non-compete agreement complies with the other requirements and "is expressly governed by the laws" of Florida (see Florida Statutes (Fla.) Section 542.45(1)(b)). The new Act, which took effect in July 2025, also applies to workers with their principal place of work in Florida, even if they work for a non-Florida company and even if their non-compete specifies that it is governed by the laws of another state (Id at Section 542.45(1)(a)).

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