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florida non-compete attorney

This tag is associated with 42 posts

Non-Compete News & Notes – August 2018

It’s August of 2018 and non-compete agreements are still rampant in American markets. Not surprisingly, non-compete litigation remains big business for management-side lawyers, particularly at large corporate firms. Aided by corporate greed, widespread instances of judicial activism, and an utter failure to understand the basics of antitrust law, big firm lawyers constantly push non-compete agreements … 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

Eighth Circuit Weighs in on Assignment of Non-Competes

A recent case out of the United States Court of Appeals for the Eighth Circuit raises some interesting issues related to assignment of employee non-compete agreements.  Let’s take a look: Brandon Tipton, Michael Gilbert and Steven Padgett all worked for Treadway Electric Company in Arkansas.  Treadway was a distributor of electrical supplies and equipment. As … Continue reading

Non-Competes & Disintermediation (Cutting Out the Middle Man) – A Recent Case from NJ

A recent case out of the District of New Jersey addresses disintermediation as a legitimate business interest in the non-compete context.   Disintermediation is just a technical term for cutting out the middle-man. Let’s take a look: CarePoint Health Management Associates is a New Jersey hospital system. UpStream Healthcare Management Associates is a hospital management company … 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

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

Brokers Switching Firms: The Protocol and Recent Developments

In August 2004, Merrill Lynch, Citigroup, and UBS entered a pact not to sue one another over client relationships in their wealth management businesses. This pact was known in the industry as the Protocol for Broker Recruiting or simply the Protocol. Under the Protocol, brokerages essentially agreed that individual brokers could move between firms and … Continue reading

Choice of Law Has Huge Consequences, Especially in NC Non-Compete Case

An interesting case out of the Eastern District of North Carolina reminds us of the importance of choice of law when dealing with non-compete litigation. Let’s take a look: In December 2009, Associated Hygienic Products (“AHP”) hired James DeFelice as the Director of Purchasing.  AHP makes disposable diapers.  This is a huge and growing market … Continue reading

Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in the SDNY

Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and ultimately controlled sixteen Mister Softee franchises with a territory spanning parts of Bronx, New York and Queens Counties. At … Continue reading

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