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Florida Non-Compete Agreements

This tag is associated with 34 posts

Exiled LLC Member Wins Declaratory Judgment and $1 Million in Wrongful Expulsion & Non-Compete Dispute

Question: When two members of a privately held LLC get together and conspire to wrongfully expel the third member, what is the worst possible course of action they can take? Answer: Insist that the wrongfully expelled member is STILL a member and is bound by a non-compete, then litigate the matter until the bitter end. … Continue reading

More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle

Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist named Stephanie Russell-Kraft who moved from Law360 to Thomson Reuters. Shortly after beginning work at Thomson Reuters, her … 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

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1) antitrust injury and (2) that he or she is an efficient enforcer of the antitrust laws. The first prong – antitrust injury – is satisfied … Continue reading

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm to the public.  But the case does more than that: It forces us to take a hard look at … 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

Shopping Plazas, Anchor Tenants & Non-Competes – A Decision from the 11th Circuit

This is not your standard non-compete case:  Just days ago, the Eleventh Circuit handed down its opinion in an extremely complex dispute related to shopping plazas, anchor tenants and restrictive covenants.  Let’s take a look: Winn-Dixie is a regional grocery store chain based in Jacksonville, Florida.  It has hundreds of supermarkets throughout the Southeast.  In … Continue reading

Frivolous (Trade Secrets) Lawsuits and Greedy (Big Firm) Plaintiff’s Lawyers: A Recent Case from Minnesota

A recent case out of Minnesota raises a number of non-compete and trade secret issues.  Let’s take a look: In 2005, Robert Wilcox was hired as the general manager of ground handling services at Minneapolis St. Paul Airport (“MSP”) for a company called Integrated Airline Services Alliance.  In 2006, Menzies Aviation purchased Integrated.   Menzies bills … 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

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