//
archives

Sales Person Non-Compete Agreement

This category contains 9 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

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

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

Latest Chapter in the (Crazy) Freedom Medical RICO / Non-Compete Litigation

What follows is one of the most absurd, complicated, fantastical non-compete-related disputes that I have ever seen.   This is going to be a long one. The Major Players In 1997, two individuals in Pennsylvania formed a company called Freedom Medical, Inc.  Freedom Medical engages in the business of buying and selling medical equipment.  In 1999, … 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

Fisher/Unitech (Basically) Loses Non-Compete Fight Against Former Sales Exec

Call it a trend.  A number of recent cases from across the country suggest that courts are pushing back against overzealous attempts to enforce non-compete agreements against salespeople.  One of the latest examples comes out of the Illinois. In September 2010, Rodger Reaume began working in sales for Fisher/Unitech, a major reseller of computer animated … 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

Former Sales Rep Beats Dentsply in First Round of Non-Compete Fight

It can be difficult to discuss trends in non-compete litigation, particularly from a national perspective, given that non-compete agreements are governed by state law.  Although many states utilize similar tests for evaluating the enforceability of such agreements, there can be tremendous variation from one state to another.  That said, a number of recent cases from … 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.

Archives