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Jonathan Pollard

Jonathan Pollard has written 85 posts for the non-compete blog

Exiled LLC Member Wins Declaratory Judgment and $1 Million in Wrongful Expulsion & Non-Compete Dispute

Question: When two members of a privately held LLC get together and conspire to wrongfully expel the third member, what is the worst possible course of action they can take? Answer: Insist that the wrongfully expelled member is bound by a non-compete and litigate the matter until the bitter end.  Let’s take a look. The … Continue reading

Waymo Loses Damages Expert, Struggling v. Uber

In the latest chapter of the Waymo v. Uber trade secret litigation, the Court has dealt Waymo yet another blow, this time excluding its damages expert. Let’s take a look. To briefly recap: Waymo is a Google spin-off focused on self-driving cars. Uber is Uber. Anthony Levandowski was a leading Waymo engineer. In 2015, Uber … Continue reading

It’s Time to Abolish Employee Non-Compete Agreements

Employee non-compete agreements are pretty much bullshit. And it’s time we get rid of them, with perhaps a few very limited exceptions. This is not an unstudied opinion. Rather, it’s my opinion. I began my career doing proper antitrust work at Boies, Schiller & Flexner and then became an authority on non-compete defense in Florida … Continue reading

Waymo Struggling in Trade Secret Fight v. Uber

To sum up the latest chapter of the Waymo v. Uber trade secret litigation: Waymo basically embarrasses itself.  Uber pretty much wins. Let’s take a look: Waymo / Uber Background Waymo is a technology company focused on self-driving cars. It’s a Google spin-off.  Uber is, well, Uber. Anthony Levandowski (“AL”) was one of Waymo’s star engineers. … Continue reading

Monopolists & Non-Compete Agreements

Let’s beat the same drum but only this time, take it a step further: Widespread Ignorance About Non-Competes & Antitrust   Certain practitioners and judges have absolutely no understanding of the antitrust principles upon which non-compete law is based.  True story:  I was in a hearing in front a federal judge who I will not … Continue reading

9th Circuit: Non-Competes Subject to Antitrust Analysis

I’ve been saying it for years:  Non-compete agreements are restraints of trade and are subject to antitrust scrutiny.  The United States Court of Appeals for the Ninth Circuit agrees. Before the court can consider whether or not there has been a breach of an agreement not to compete, it first must evaluate the propriety of … Continue reading

Wells Fargo Denied Injunction, Constructive Trust Against Former Brokers

A team of insurance brokers left Wells Fargo, probably took $6.5 million in business with them and managed not to get enjoined.  But they might be toast in the end and owe Wells Fargo lots of money.  Let’s take a look: Case Background  Joshua Tyndell, William Dineen, H. Keith McNally, Thomas Blue, and Erin Repp … Continue reading

6th Circuit Upholds Jury Verdict on Forever Non-Compete Under Ohio Law

FOR-EV-ER.  Remember The Sandlot?  That’s what we’re talking about here.  FOR-EV-ER. A recent decision out of Michigan and the United States Court of Appeals for the Sixth Circuit reminds us that some non-competes can last forever and that jury instructions are incredibly important. Let’s take a look: In 1947, Fred Barton developed a radiator stop leak … Continue reading

SDFL Denies Injunction in Non-Compete Fight Over Client Ernst & Young

A recent case out of the Southern District of Florida provides important guidance into the limits of non-compete agreements under Florida law. The case is one of the most comprehensive Florida non-compete decisions of the past several years, whether in state or federal court. Let’s take a look: IDMWorks is a company that specializes in … Continue reading

AAMCO Loses Non-Compete Case Against Pro Se Former Franchisee

Let that sink in: AAMCO sued two former franchisees, a husband and wife couple, for breaching a non-compete agreement. AAMCO was represented in the litigation by a team of lawyers from three law firms. And they lost to two pro se litigants. Let’s take a look: AAMCO is a franchisor of transmission repair centers based … Continue reading

Not in Florida?

Need a non-compete or trade secret attorney somewhere other than Florida? I have relationships with non-compete and trade secret attorneys throughout the country. Call my office at 954-332-2380.

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