- 29 Mar, 2021
- 0 Comments
- 3 Mins Read
M EMORANDUM – Florida law §542.335- Scenario
The scenario is being written to an attorney.
Florida Statue : § 542.335, Fla. Stat. (2021) or (2020)
Cases that need to be used in writing: Hapney v. Central Garage, Inc., 579 So. 2d 127 (Fla. 2d DCA 1991), Carnahan v. Alexander Proudfoot Co., 581 So. 2d 184 (Fla. 4th DCA 1991), Auto Club Affiliates, Inc. v. Donahey, 281 So. 2d 239 (Fla. 2d DCA 1973)
Goals: Provide the reader with a complete picture of all the relevant facts. Accurately summarize the governing statute that applies to the scenario. Analyze my client’s arguments (arguments that you thought of) Prent all of the others side argument with their supportive case law. Discuss how you can counter opposing counsel arguments (new and different that shoots down the other side argument)
Conclusion: summarize the analysis, if you need more information tell the attorney what additional information you need to come to a conclusion if you are able to make a recommendation you need to the procedure. Writing to an attorney you want a sophisticated writing style that uses enhanced vocabulary (not forced) and that relies heavily on case law.
Do not use case law to repeat what is the statute, instead, the case should bring up something new that explains the statute. Pay attention to the court’s reasoning and tell how the reasoning supports the client.
Outline:
1st paragraph – Present the question asked and introduce the parties. (“Jones”) No facts.
2: the facts of the scenario in chronological order. Include all relevant facts that will be used in the anaylsis.
3: Explain the Florida statute that relates to the scenario like an unbiased reporter. Include the 5 legitimate business interests: trade secrets, confidential business information, substantial relationship with clients, customer-goodwill, specialized training. When explaining the statue explain the employer has the burden of proving that the employer poses does legitimate business interest and include the 5 business interests.
Burden shifts to the employee – employee can argue that the restriction is unreasonable in regard to time and scope.
Only use case law to back up an argument that you presented primarily focusing on the court’s reasoning. (Based on this statute we will assert that Joyce Jones possess multiple legitimate business interests to include the 5)
Explain how the employer has a trade secret – She created her own products that are not available anywhere else.
Explain how the employer is trying to keep it confidential – She has a secret formula she ONLY shares with the employee being employed for 6 months.
Next paragraph: Combine substantial relationship (clients come to the salon for her and not for the individual stylist, it a one-of-a-kind salon in Florida) with clients and customer good-will (her reputation in the community, she maintains the same clients and they come from different counties to see her.)
Next paragraph: Joyce is providing extraordinary training. Hapney v. Central Garage, Inc., 579 So. 2d 127 (Fla. 2d DCA 1991) Use this case to support the argument made for extraordinary training.
Next paragraph: Why is it reasonable with reflective time. (8 years is justified by the statue by Joyce having a trade secret. )
Carnahan v. Alexander Proudfoot Co., 581 So. 2d 184 (Fla. 4th DCA 1991)
Next paragraph: Why Joyce’s restriction does not harm public health, safety, and welfare. (Because the whole purpose of the statute is to stop unfair competition)
VS Opposing Side
Everything you argued for Joyce but the opposite for opposing counsel.
Next paragraph: Discount the idea the Joyce does not have a relationship with customers and client good-will.
Next paragraph: Discount that her training is not extraordinary
Next paragraph: Why the time frame is unreasonable. (Opposing counsel will argue that there is no trade secret)
Next paragraph: Why the scope is unreasonable. (Joyce is trying to create a monopoly.)
Next paragraph: Argue why public welfare is unreasonable for the restriction that Joyce. (suppressive to the employee)
Conclusion: Shoot down opposing counsel’s arguments and make a recommendation. If you need any information this is where you state what you need (if Joyce had a patent or if she has taken steps to protect her products) (If Joyce has business/market in the other counties)