//
archives

Jonathan Pollard

Jonathan Pollard has written 93 posts for the non-compete blog

WeWork Runs Scared, Drops Abusive Non-Competes After State AG Threat

In a turn of events that should surprise no one, the bro-ed out start-up WeWork has caught heat for abusing employee non-compete agreements. That’s right. While holding itself as new wave, disruptive, and collaborative, WeWork has simultaneously required every single one of its 7,500 employees to sign an agreement containing a non-compete provision. This includes … Continue reading

Non-Compete News & Notes – August 2018

It’s August of 2018 and non-compete agreements are still rampant in American markets. Not surprisingly, non-compete litigation remains big business for management-side lawyers, particularly at large corporate firms. Aided by corporate greed, widespread instances of judicial activism, and an utter failure to understand the basics of antitrust law, big firm lawyers constantly push non-compete agreements … Continue reading

Tinder Files Basically Frivolous IP Lawsuit v. Bumble

In an ongoing battle between rival dating apps, Tinder is suing Bumble for patent infringement, trademark infringement and theft of trade secrets. In a complaint filed on March 16, 2018, Match Group, LLC – parent company of Tinder, Match, OkCupid and more – claims that Bumble is a Tinder clone, built using stolen technology. The … Continue reading

DOJ Announces First No-Poaching Settlement

On April 3, 2018, the Department of Justice’s Antitrust Division announced the first no-poaching antitrust settlement of the Trump Administration. Previously, senior DOJ officials had made public comments indicating that the DOJ intends to aggressively police no-poaching agreements, including via criminal prosecutions. According to the DOJ, the antitrust conspiracy involved two of the world’s largest … Continue reading

National Non-Compete Update – March 2018

IBM & Its Diversity Trade Secrets: IBM had sued its former Chief Diversity Officer for moving to Microsoft and breaching a non-compete agreement. At issue: IBM claimed that Lindsay Rae McIntyre was privy to “trade secrets” regarding IBM’s efforts to promote and retain diverse talent. I call bullshit. Somewhat shockingly, the SDNY issued a temporary … Continue reading

CBRE Files Massive Theft of Trade Secrets Case Against Former Broker

Real estate giant CBRE has filed a massive theft of trade secrets lawsuit against former longtime broker Richard Rizika. In its complaint filed in the United States District Court for the Central District of California, CBRE details a shocking, intentional, pre-meditated conspiracy to steal nearly 500,000 company documents and files. Whether or not the documents … Continue reading

DOJ Aggressively Policing No-Poaching Agreements

In a surprising continuation of Obama-era policy, the Trump DOJ has announced that it will pursue criminal action against firms using no-poaching agreements. On January 18th, 2018, while speaking at an Antitrust Research Foundation conference, Assistant Attorney General Makan Delrahim noted that the DOJ has not backed away from previous no-poaching guidance. Instead, AAG Delrahim … Continue reading

Reevaluating Non-Compete Agreements in the Auto Sales Industry (yes, AutoNation)

It’s time to take a hard look at non-compete agreements in the car business. Let’s use an example: AutoNation, the Fort-Lauderdale-based car industry giant and Fortune 500 company. For the past twenty years or more, AutoNation has had a field day filing weak non-compete lawsuits. AutoNation files these cases in its backyard, the United States … Continue reading

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 STILL a member and is bound by a non-compete, then litigate the matter until the bitter end. … 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

Archives