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It’s Time to Abolish Employee Non-Compete Agreements

Employee non-compete agreements are pretty much bullshit. And it’s time we get rid of them, with perhaps a few very limited exceptions. This is not an unstudied opinion. Rather, it’s my opinion. I began my career doing proper antitrust work at Boies, Schiller & Flexner and then became an authority on non-compete defense in Florida … Continue reading

Waymo Struggling in Trade Secret Fight v. Uber

To sum up the latest chapter of the Waymo v. Uber trade secret litigation: Waymo basically embarrasses itself.  Uber pretty much wins. Let’s take a look: Waymo / Uber Background Waymo is a technology company focused on self-driving cars. It’s a Google spin-off.  Uber is, well, Uber. Anthony Levandowski (“AL”) was one of Waymo’s star engineers. … Continue reading

Monopolists & Non-Compete Agreements

Let’s beat the same drum but only this time, take it a step further: Widespread Ignorance About Non-Competes & Antitrust   Certain practitioners and judges have absolutely no understanding of the antitrust principles upon which non-compete law is based.  True story:  I was in a hearing in front a federal judge who I will not … Continue reading

SDFL Denies Injunction in Non-Compete Fight Over Client Ernst & Young

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

Florida 5th DCA Says Referral Relationships Not Protectable

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

Stryker Losing Non-Compete Fight in Michigan (It’s Getting Ugly)

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

Recapping Major Non-Compete News from Around the Nation

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

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

Bosley Loses Non-Compete Fight Against Former Doctor & Rival Hair Clinic

In the modern world, non-compete agreements are ubiquitous.  And as a result, non-compete litigation is everywhere.  For some reason, Illinois recently has played host to a number of interesting non-compete disputes.  That trend continues.  A recent case out of Cook County pitted Bosley Medical Group against their former doctor, William Yates, and a rival hair … Continue reading

FTC Folds, Admits Google Never Broke Antitrust Laws

Over the past two years, we have heard an endless stream of pundits, analysts and lobbyists weigh in on the possible antitrust case against Google.  The most outrageous such commentary came from Thomas Barnett, a partner at Covington and Burling and lobbyist for Microsoft and other Google competitors.  When interviewed for a CNET article, Barnett … 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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