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In the realm of non-compete and trade secret litigation, there are certain truisms that have stood the test of time. Among the most basic: Do not take company files with you. This is a classic blunder. You know, like getting involved in a land war in Asia. It is a bad idea. When you take … Continue reading
Yesterday evening, at a cigar bar in Fort Lauderdale (shout out to the Florida Cigar Company), I had a discussion with a few gentlemen that touched upon the issues of confidential information, non-compete agreements and computer forensics. One of these gentlemen was in the process of separating from his current employer and starting his own … Continue reading
Interesting non-compete news out of Weymouth, Massachusetts (a small city about twenty miles south of Boston). Back in September 2009, a Boston-area dentist Gerald Maher sold his practice to a newly formed company called Dental Wellness. As part of the transaction, Maher agreed (1) to refrain from practicing dentistry within a 15-mile radius of Dental … Continue reading
Not a non-compete case– but it rhymes. The case is Eagle v. Morgan, et al., No. 11-4303 (E.D.Pa. December 22, 2011). The plaintiff, Linda Eagle, co-founded a company called Edcomm, which provides banking and financial training services. Eagle had been with Edcomm since the late 1980’s. In 2008, Eagle created a LinkedIn account. As expected, … Continue reading
In today’s America, non-compete agreements have become ubiquitous. Everybody has one. The wine salesman. The disc jockey. The advertising executive. Even the maid. One of the most obscene examples of the widespread use (and abuse) of non-compete agreements is that of non-competes in the healthcare industry. Many doctors are either driven out of town – … Continue reading
In Florida, non-compete agreements are governed by Florida Statute 542.335. The statute indicates that non-compete agreements can only be used to protect legitimate business interests. Although the Statute does not claim to be exhaustive, it does spell out a number of such interests. These interests include relationships with customers. In characteristic fashion, many companies suing … Continue reading
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