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fort lauderdale non-compete lawyer

This tag is associated with 41 posts

Janitor Non-Compete Agreements. Yep. That’s a Thing.

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

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

DOJ Aggressively Policing No-Poaching Agreements

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

Reevaluating Non-Compete Agreements in the Auto Sales Industry (yes, AutoNation)

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

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

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

Non-Compete Litigation & Consent Orders: A Recent NJ Case & Cautionary Tale

There are huge problems with agreeing to this sort of consent order. In litigation, a defendant can attack a non-compete or non-solicitation agreement in numerous ways, particularly in the staffing industry context. But once the defendant agrees to a consent order, its over. After a consent order has been issued, the defendant no longer has any right to challenge the enforceability of the restrictions on the merits. 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

Texas Court Refuses to Apply Texas Choice of Law in Non-Compete Fight Involving Texas Bank

A recurrent theme in non-compete litigation is the overriding importance of choice-of-law. The latest example comes to us from the United States District Court for the Southern District of Texas and pits a Texas choice-of-law provision against Oklahoma public policy. Let’s take a look: Sometime in early 2013, Tulsa, Oklahoma based F&M Bank began talks … Continue reading

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