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Choice of Law

This category contains 6 posts

Texas Court Refuses to Apply Texas Choice of Law in Non-Compete Fight Involving Texas Bank

A recurrent theme in non-compete litigation is the overriding importance of choice-of-law. The latest example comes to us from the United States District Court for the Southern District of Texas and pits a Texas choice-of-law provision against Oklahoma public policy. Let’s take a look: Sometime in early 2013, Tulsa, Oklahoma based F&M Bank began talks … Continue reading

Choice of Law Has Huge Consequences, Especially in NC Non-Compete Case

An interesting case out of the Eastern District of North Carolina reminds us of the importance of choice of law when dealing with non-compete litigation. Let’s take a look: In December 2009, Associated Hygienic Products (“AHP”) hired James DeFelice as the Director of Purchasing.  AHP makes disposable diapers.  This is a huge and growing market … Continue reading

New York Court Calls Florida Non-Compete Laws “Truly Obnoxious” to New York Public Policy

A recent appellate decision out of New York raises some interesting issues for Florida employers and their out-of-state employees. The facts of the case are not extraordinary: Brown and Brown, Inc. (BBI), a Florida company, has subsidiaries throughout the country. One of its subsidiaries, Brown and Brown of New York, Inc. (BBNY), hired Theresa Johnson … Continue reading

Non-Competes, Stock Agreements & Escape Clauses – A Recent Case from the NDNY

A recent decision out of the Northern District of New York is a fantastic example of the thorough, methodical process all courts should bring to the analysis of non-compete claims.  The decision also provides a wealth of useful information about defending non-compete claims under New York law.  Let’s take a look: Two companies, DS Parent, … Continue reading

Choice of Law & Non-Compete Agreements: A Recent Case from Ohio

If you need an Ohio non-compete lawyer, call our office at 954-332-2380. We have relationships with non-compete lawyers in Ohio. Just a few days ago, the Southern District of Ohio issued a decision in a non-compete case that reads like a treatise on non-compete agreements, choice of law and conflicts of law.  Let’s take a … Continue reading

Race to California Courthouse Fails in Recent Non-Compete Dispute

In the world of non-compete litigation, it is well-known that employee non-compete agreements are unenforceable under California law.  As a result, when a non-compete dispute has any ties to California, we often witness the proverbial race to the courthouse.  In essence, the former employee facing the possible lawsuit will seek to file first by bringing … 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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