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florida non-compete lawyer

This tag is associated with 61 posts

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

Eighth Circuit (Practically) Saves Section 1 Sherman Act Claims, Saves Antitrust as We Know It

In the past few months, we have seen a number of decisions involving non-compete issues in the grocery industry— from appellate courts, no less. That trend continues. This case comes out of the Eighth Circuit and involves some of my former colleagues from Boies, Schiller & Flexner. C&S and SuperValu are the two largest grocery … Continue reading

Independent Clauses & Restrictive Covenants – A Recent Appellate Case from Florida

A recent non-compete case out of Florida’s Third District Court of Appeals deals with the issue of restrictive covenants and independent clauses.  Let’s take a look: In the Trial Court Defendants Dale Denton and David West were employees of Richland Towers, Inc. They signed employment agreements with Richland that contained, among other restrictive covenants, non-compete … Continue reading

Deli Meats and Non-Competes: National Deli Sues former Officers Over Competing Venture

Florida continues to be a hotbed for non-compete litigation (possibly in light of the fact that Florida non-compete laws are among the most pro-employer in the country).  A recent case out of the United States District Court for the Southern District of Florida in Miami pits National Deli, one of America’s largest manufacturers of deli … 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

Non-Competes, Stock Agreements & Escape Clauses – A Recent Case from the NDNY

A recent decision out of the Northern District of New York is a fantastic example of the thorough, methodical process all courts should bring to the analysis of non-compete claims.  The decision also provides a wealth of useful information about defending non-compete claims under New York law.  Let’s take a look: Two companies, DS Parent, … Continue reading

Non-Compete Provisions in ERISA Plans – A Recent 5th Circuit Case

A recent case out of the Northern District of Texas and the Fifth Circuit Court of Appeals touches upon the intersection of non-compete agreements and ERISA plans. From 1998 until his resignation in 2010, George Wall worked for Alcon Laboratories, a major pharmaceutical company.   In the years leading up to Wall’s resignation, Alcon was in … Continue reading

More Frivolous (Trade Secrets) Lawsuits – Another Case from Minnesota

Another recent case out of Minnesota raises a number of interesting non-compete and trade secret issues.  The case involves a familiar chain of events: Harley Automotive Group, Inc. sells wholesale automotive parts and supplies to car dealerships.  The company is based in Minnesota but also has a facility in Fort Myers, Florida.  Harley sells its … Continue reading

Choice of Law & Non-Compete Agreements: A Recent Case from Ohio

If you need an Ohio non-compete lawyer, call our office at 954-332-2380. We have relationships with non-compete lawyers in Ohio. Just a few days ago, the Southern District of Ohio issued a decision in a non-compete case that reads like a treatise on non-compete agreements, choice of law and conflicts of law.  Let’s take a … Continue reading

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