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Since starting my own law firm more than seven years ago, I have done one type of work more than any other: Defend poor people against bogus, abusive, illegal non-compete agreements. In all fairness, I have also done lots of work at the other end of the spectrum. I have defended C-Level executives (including some … Continue reading
Proving once again that corporate greed knows no limits, real estate firm Cushman Wakefield recently sued a former janitor, Sonia Mercado, for violating a non-compete agreement. The Washington Post broke the story. Immediately thereafter, following public outcry and a rash of negative publicity, Cushman caved and agreed to drop the lawsuit. Although that is a … Continue reading
In a turn of events that should surprise no one, the bro-ed out start-up WeWork has caught heat for abusing employee non-compete agreements. That’s right. While holding itself as new wave, disruptive, and collaborative, WeWork has simultaneously required every single one of its 7,500 employees to sign an agreement containing a non-compete provision. This includes … Continue reading
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. But there are cracks in the armor. More and more states are contemplating severe restrictions on the use of non-compete agreements, if not outright bans. And several … Continue reading
IBM & Its Diversity Trade Secrets: IBM had sued its former Chief Diversity Officer for moving to Microsoft and breaching a non-compete agreement. At issue: IBM claimed that Lindsay Rae McIntyre was privy to “trade secrets” regarding IBM’s efforts to promote and retain diverse talent. I call bullshit. Somewhat shockingly, the SDNY issued a temporary … Continue reading
In a surprising continuation of Obama-era policy, the Trump DOJ has announced that it will pursue criminal action against firms using no-poaching agreements. On January 18th, 2018, while speaking at an Antitrust Research Foundation conference, Assistant Attorney General Makan Delrahim noted that the DOJ has not backed away from previous no-poaching guidance. Instead, AAG Delrahim … Continue reading
It’s time to take a hard look at non-compete agreements in the car business. Let’s use an example: AutoNation, the Fort-Lauderdale-based car industry giant and Fortune 500 company. For the past twenty years or more, AutoNation has had a field day filing weak non-compete lawsuits. AutoNation files these cases in its backyard, the United States … Continue reading
A team of insurance brokers left Wells Fargo, probably took $6.5 million in business with them and managed not to get enjoined. But they might be toast in the end and owe Wells Fargo lots of money. Let’s take a look: Case Background Joshua Tyndell, William Dineen, H. Keith McNally, Thomas Blue, and Erin Repp … Continue reading
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
Let that sink in: AAMCO sued two former franchisees, a husband and wife couple, for breaching a non-compete agreement. AAMCO was represented in the litigation by a team of lawyers from three law firms. And they lost to two pro se litigants. Let’s take a look: AAMCO is a franchisor of transmission repair centers based … Continue reading
the non-compete blog 