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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
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
Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist named Stephanie Russell-Kraft who moved from Law360 to Thomson Reuters. Shortly after beginning work at Thomson Reuters, her … Continue reading
A recent case out of Florida’s Fifth District Court of Appeals raises important raises important issues related to physician non-compete agreements. Let’s take a look: Before addressing the specifics of this case, some context is necessary: Agreements not to compete are restraints of trade. In any non-compete case, there are two lenses: restraint of trade … Continue reading
A very important decision out of the Western District of Michigan touches upon several important aspects of non-compete litigation and particularly non-compete defense. Not surprisingly, the case pits Stryker against a former sales rep. Stryker, as many folks know, is notorious for aggressively enforcing its non-compete agreements. Let’s take a look: Christopher Ridgeway was hired … Continue reading
A recent case out of the United States Court of Appeals for the Eighth Circuit raises some interesting issues related to assignment of employee non-compete agreements. Let’s take a look: Brandon Tipton, Michael Gilbert and Steven Padgett all worked for Treadway Electric Company in Arkansas. Treadway was a distributor of electrical supplies and equipment. As … Continue reading
Jurisdiction and removal may not sound like hot topics, but these considerations are critical and sometimes dispositive. Real talk: Certain state court systems are terrible places to litigate. It’s one thing to litigate a complex commercial case in Delaware state court, which is the highest ranked state court system by numerous metrics (here). Litigate that … Continue reading
A recent case out of the District of New Jersey addresses disintermediation as a legitimate business interest in the non-compete context. Disintermediation is just a technical term for cutting out the middle-man. Let’s take a look: CarePoint Health Management Associates is a New Jersey hospital system. UpStream Healthcare Management Associates is a hospital management company … Continue reading
There are huge problems with agreeing to this sort of consent order. In litigation, a defendant can attack a non-compete or non-solicitation agreement in numerous ways, particularly in the staffing industry context. But once the defendant agrees to a consent order, its over. After a consent order has been issued, the defendant no longer has any right to challenge the enforceability of the restrictions on the merits. Continue reading
New Mexico has passed a new law that limits physician non-compete agreements. Although the law places some limitations on restrictive covenants for doctors, it is not an outright ban of such restrictions (of the sort found in several states like Alabama or Massachusetts). Under the new law, employee physician non-compete agreements are banned. If an … Continue reading
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