One commentator said that Ed “is a very effective and skilled written and oral advocate.” Chambers also noted that Ed “is experienced across a wide variety of complex appeals and disputes, including IP matters, land use and zoning issues, election law, and medical malpractice claims.”

Chambers USA annually ranks the preeminence of law firms and lawyers across key practice areas throughout the country. The rankings are based on extensive research and thousands of interviews with practicing lawyers and clients. Individual rankings reflect qualities such as legal knowledge and experience, ability, effectiveness, and client service.

View the full guide here.

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The APS Fellowship is a prestigious opportunity designed to identify and nurture future leaders in appellate law. The Florida Bar’s Appellate Practice Section is known for advancing the quality and accessibility of appellate advocacy and offers fellows unique opportunities for professional growth and service.

As part of the program, Blayne will contribute to one of the Section’s official publications, participate in executive council meetings and DCA Judges Conferences, and handle a pro bono appellate matter under Third District Judge Kansas Gooden’s mentorship.

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This appointment reflects our firm’s ongoing commitment to supporting both for-profit and nonprofit developers, housing authorities, lenders, and CRAs. We’ve guided affordable housing projects through every stage, from acquisition and entitlements to financing and construction. Our firm has helped clients secure key incentives, including density bonuses, parking reductions, and impact fee waivers, while also playing a lead role in zoning code reform to shape policies that incentivize equitable and sustainable development.

Blayne represents public and private sector clients in litigation, with a focus on civil rights and torts, complex commercial disputes, constitutional challenges, and government-related defense.

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To enforce compliance, SB 180 empowers residents and businesses to bring civil actions against local governments to obtain declaratory and injunctive relief, along with recovery of attorneys’ fees and costs, if a local government fails to announce its intent to repeal such ordinance within 14 days of receiving written demand, and proceeds to repeal such ordinance within 30 days. 

Although the amendment appears to be limited in its impact and apply only to counties identified in Federal Disaster Declarations for Hurricanes Debby (DR-4806), Helene (DR-4828), and Milton (DR-4834), those declarations collectively cover every county and municipality in Florida.

SB 180 is currently pending presentation to the Governor. Local governments should immediately review all ordinances adopted since August 1, 2024, and assess whether any fall within the scope of this sweeping state preemption. If you have any questions, feel free to contact us to discuss: Jamie A. Cole (jcole@wsh-law.com); Susan Trevarthen (strevarthen@wsh-law.com); Chad S. Friedman (cfriedman@wsh-law.com); or Roger C. Pou (rpou@wsh-law.com).

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Key Provisions of the CHOICE Act

1. Presumption of Enforceability

The Act establishes a presumption that certain non-compete and garden leave agreements are enforceable and do not violate public policy, provided they meet specific criteria. Courts are required to issue injunctions enforcing covered agreements, shifting the burden of proof onto the former employee or poaching employer to establish certain narrow defenses. This marks a significant shift from existing law, which requires employers seeking enforcement to prove the existence of a legitimate business interest supporting the restrictive covenant, irreparable harm, and several other elements. The existing legal standard will continue to apply to agreements that are not covered by the CHOICE Act.

2. Covered Employees

The Act applies to employees or contractors who:

• Work primarily in Florida or for an employer with its principal place of business in Florida.
• Earn or are expected to earn a salary exceeding twice the annual mean wage of the relevant county.
• Are not classified as healthcare practitioners under Florida law.

3. Requirements for Presumptively Enforceable Agreements

Non-Compete Agreements will be presumed to be enforceable if:

1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and is given at least seven days to review the agreement before signing.
2. The employee acknowledges in writing that they will receive confidential information or information about customer relationships during their employment.
3. The employee agrees not to assume a role with or for another business that provides services similar to those provided to the covered employer during the three years preceding the non-compete period, or in which it is reasonably likely that they would use confidential information or customer relationships.
4. The non-compete period does not exceed four years.
5. If the employee is granted a covered garden leave agreement, the non-compete period is reduced day-for-day by any non-working portion of the notice period.
6. It’s important to note that there are no restrictions on the geographic scope of a covered non-compete agreement. 

Similarly, Garden Leave Agreements are presumed enforceable if:

1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and has at least seven days to review the agreement before signing.
2. The employee and employer agree to provide up to four years’ advance notice before terminating employment, which is known as the “notice period.”
3. During the notice period, the employer agrees to pay the employee their regular base salary and benefits.
4. The employee acknowledges in writing that they may receive confidential information or information about customer relationships during their employment.
5. The garden leave provisions provide that:

• After the first 90 days of the notice period, the covered employee is not required to provide services to the covered employer.
• During the remainder of the notice period, the covered employee may engage in nonwork activities, including during normal business hours.
• The covered employee may also work for another employer with the permission of the covered employer during the remainder of the notice period.

Action Steps for Employers

1. Review your existing agreements and assess whether they need modifications to align with the Act’s definition of a “covered” garden leave or non-compete agreement.
2. Restrictive covenants can still be enforced against employees earning less than twice the mean salary for the applicable county. However, employers won’t have a preliminary injunction without demonstrating a legitimate business interest and irreparable harm.
3. Review your company’s confidentiality protocols and ensure comprehensive, up-to-date, and legally compliant policies regarding trade secrets, customer information, and confidential information. While the CHOICE Act only requires employees to acknowledge access to confidential information, implementing additional guardrails enhances overall security.

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Pooja provides an overview of the order’s key provisions and discusses recent legal developments related to its enforcement. She also highlights important considerations for employers reviewing their current policies and compliance efforts.

Pooja works with public and private sector employers to analyze their compliance with labor and employment laws and to help mitigate potential future legal problems. She is experienced in representing employers in claims involving the ADA, ADEA, FMLA, FLSA, and other federal and state anti-discrimination laws.

Read more here: The Checkoff, April 2025

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Eric is widely recognized for his work in complex litigation, particularly in software disputes, data privacy, and cybersecurity. He advises clients on matters such as the implementation of software systems, the protection of proprietary code, and the aftermath of cyberattacks, including breaches, phishing incidents, and malware. Eric, who serves on The Florida Bar’s Special Committee on AI Tools & Resources, played a key role in launching the firm’s Artificial Intelligence and Emerging Technology practice. Additionally, Eric serves as the firm’s Information Technology Partner, overseeing practice management systems, data security protocols, and technology strategy.

The 2025 Lawdragon 100 Leading AI & Legal Tech Advisors guide recognizes professionals shaping the legal tech landscape through practice, innovation, and leadership. Their selection process involves rigorous research, including submissions from peers and analysis by Lawdragon’s editorial team. Honorees include top advisors from law firms, legal tech companies, academia, and enterprise, as well as founders of leading AI companies transforming the profession.

To view the full guide, click here.

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View the full list here.

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Through this practice, WSHC+B helps clients adapt to these innovations while ensuring compliance with state, federal and international laws. The firm advises on data privacy and security, intellectual property protection, AI compliance, technology transactions, litigation, and government affairs. Its experience and relationships in tech, business transactions and local government position WSHC+B to provide legal services across a wide range of tech and AI areas.

“AI and new technologies are rapidly evolving ahead of developing regulations,” said WSHC+B Partner Eric Hockman, who serves on The Florida Bar’s Special Committee on AI Tools & Resources. “Businesses and public entities must take a proactive approach to compliance, risk mitigation and addressing future legal challenges. We are uniquely suited to guide our clients through this new world.”

The arrival of Of Counsel Janette Smith further strengthens the practice. Smith is a skilled attorney with a strong background in technology law, public sector representation, and complex contract negotiations. She has substantial experience advising clients on regulatory compliance, artificial intelligence governance, data privacy, and cybersecurity.

Smith has served as general counsel for various government entities and has advised municipalities, school boards, and regulatory agencies on technology procurement, legislative compliance, and risk management. She has successfully structured and negotiated technology contracts to remain compliant with evolving regulations while optimizing efficiency for public and private sector clients. Smith’s extensive professional involvement includes serving on The Florida Bar’s Commission on Technology and Broward County Bar Association’s Technology Committee.

“I am eager to leverage my experience for the benefit of WSHC+B’s public and private sector clients,” Smith said. “This is the ideal time to join the firm given its new Artificial Intelligence and Emerging Technology practice and overall commitment to being a leader in this developing area of the law.” For more information about the practice, visit https://www.wsh-law.com/practices/business-transactions/artificial-intelligence-and-emerging-technology?utm_source=rss&utm_medium=rss.

About Weiss Serota Helfman Cole + Bierman, P.L.:

Weiss Serota Helfman Cole + Bierman, P.L. is a prominent Florida law firm serving corporate, governmental and individual clients with an integrated array of professional services including commercial litigation, land-use and real estate law, construction law, telecommunications law, labor and employment law, government law and governmental relations. The firm has offices in Miami, Ft. Lauderdale, and Boca Raton. For more information, visit www.wsh-law.com.?utm_source=rss&utm_medium=rss

• https://www.law360.com/pulse/articles/2335442?utm_source=rss&utm_medium=rss

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