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Non-Compete Agreements

This category contains 58 posts

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

On Non-Compete Agreements: A Response to the Wall Street Journal’s Recent Article

A recent article in the Wall Street Journal states what some of us have known for the past few years:  Litigation over non-compete agreements is on the rise.  But rather than that assertion being purely anecdotal, the story backs up that conclusion with statistical data.  Apparently, over the past decade, there has been a 61% … Continue reading

Elevator Sales Company and Former Employee in Interesting Non-Compete Fight

Strangely enough, the United States District Court for the Middle District of Florida has become a hotbed of non-compete litigation.  That may simply be a product of national trends:  As Dow Jones recently reported, companies are becoming increasingly aggressive on the non-compete front.  More and more companies are requiring employees to sign non-compete, non-disclosure and … Continue reading

NY Appellate Court Holds Rescission of Stock Options Can Be Remedy for Non-Compete Breach

A recent decision out of New York’s Appellate Division, Fourth Department, raises the interesting consideration of non-compete agreements and rescission.   The case apparently has been in litigation for several years, but the recent appellate decision is worth a look. Back in 2004, Richard Smith left a company called Lenel Systems, which develops, manufactures and sells … Continue reading

Recapping the Latest Blue Belt Tech. Non-Compete Dispute (This Time vs. Stryker)

Pittsburgh-based Blue Belt Technologies, an emerging player in the medical device and medical technology industry, continues to find itself at the center of non-compete disputes.   Earlier this year, Blue Belt clashed with MAKO Surgical, a rival in the surgical robotics industry, after Blue Belt hired former MAKO sales executive Jeffrey Gellman.  This time, Blue Belt, … Continue reading

Devicor, Major Player in Medical Device Industry, Loses Non-Compete Case Against Former Employee

Devicor Medical Products, a major player in the medical device industry, has lost its bid to prevent a former employee from working for Hologic, a company with divisions that compete against Devicor in the breast biopsy product market. In June 2005, Keith Reed began work as a sales representative for Ethicon Endo-Surgery, Devicor’s predecessor.  In … Continue reading

Restaurant Industry Giant Landry’s Sues Former Employee & Rival Restaurant Company

Landry’s Restaurants, the Houston-based company that owns more than 40 restaurant chains and 400 properties including restaurants, hotels and casinos, has sued a former employee for breaching a non-compete agreement.  Last week, Landry’s filed suit against Tim Kohler, who formerly served as director of operations for Vic & Anthony’s Steakhouse, the highly-acclaimed steakhouse with locations … Continue reading

Recent Non-Compete Case Highlights Pennsylvania’s “Worthless Employee” Doctrine

Need a NY or PA Non-Compete Lawyer?  Call 954-332-2395. A recent case out of the Western District of New York raises a number of interesting non-compete issues, including Pennsylvania’s “worthless employee” doctrine. In 1983, Phillip Garrod began working as a salesman in the field of “elastometric precision products.”  Let’s just call them EPPs.  After seventeen … Continue reading

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