Friday, September 9, 2005
Case Law Development: Covenant Not to Solicit Establishes Goodwill as Personal, Not Subject to Division
The Florida Court of Appeals held that, for the purpose of distinguishing enterprise goodwill from personal goodwill in the valuation of a business, there is no distinction between a "non-solicitation/non-piracy agreement" and a covenant not to compete. The presence of either in a business agreement establish the goodwill component of the business as personal, thus not subject to division.
Held v. Held, 2005 Fla. App. LEXIS 14138 (September 7, 2005)
Available online at http://www.4dca.org/opfrm.html
(last visited September 9, 2005 bgf)