//
archives

Non-Compete Agreements

This category contains 55 posts

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

Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in the SDNY

Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and ultimately controlled sixteen Mister Softee franchises with a territory spanning parts of Bronx, New York and Queens Counties. At … Continue reading

Independent Clauses & Restrictive Covenants – A Recent Appellate Case from Florida

A recent non-compete case out of Florida’s Third District Court of Appeals deals with the issue of restrictive covenants and independent clauses.  Let’s take a look: In the Trial Court Defendants Dale Denton and David West were employees of Richland Towers, Inc. They signed employment agreements with Richland that contained, among other restrictive covenants, non-compete … Continue reading

Deli Meats and Non-Competes: National Deli Sues former Officers Over Competing Venture

Florida continues to be a hotbed for non-compete litigation (possibly in light of the fact that Florida non-compete laws are among the most pro-employer in the country).  A recent case out of the United States District Court for the Southern District of Florida in Miami pits National Deli, one of America’s largest manufacturers of deli … 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

Non-Compete Provisions in ERISA Plans – A Recent 5th Circuit Case

A recent case out of the Northern District of Texas and the Fifth Circuit Court of Appeals touches upon the intersection of non-compete agreements and ERISA plans. From 1998 until his resignation in 2010, George Wall worked for Alcon Laboratories, a major pharmaceutical company.   In the years leading up to Wall’s resignation, Alcon was in … Continue reading

More Frivolous (Trade Secrets) Lawsuits – Another Case from Minnesota

Another recent case out of Minnesota raises a number of interesting non-compete and trade secret issues.  The case involves a familiar chain of events: Harley Automotive Group, Inc. sells wholesale automotive parts and supplies to car dealerships.  The company is based in Minnesota but also has a facility in Fort Myers, Florida.  Harley sells its … Continue reading

Temporary Software Engineers in California Non-Compete Dispute

A strange case out of California:   A company called Zora Analytics contracted with a company called AnanSys Software for the placement of temporary software engineers.  AnanSys then subcontracted out the job to a company called Cigniti.  AnanSys made Cigniti sign a software consulting agreement, which contained a non-compete/non-disclosure agreement.  Cigniti then assigned one of its … Continue reading

Medical Equipment Industry Remains a Hotbed of Non-Compete Litigation

Call it a trend.  These days, non-compete litigation is everywhere:   All across the country and in every industry imaginable.  Some industries generate more non-compete litigation than others.  And perhaps no industry has more non-compete litigation than the healthcare industry.   In any field that is remotely connected to healthcare or medicine, you will find widespread use … Continue reading

Archives