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A recent article in the Wall Street Journal states what some of us have known for the past few years: Litigation over non-compete agreements is on the rise. But rather than that assertion being purely anecdotal, the story backs up that conclusion with statistical data. Apparently, over the past decade, there has been a 61% … Continue reading
Pittsburgh-based Blue Belt Technologies, an emerging player in the medical device and medical technology industry, continues to find itself at the center of non-compete disputes. Earlier this year, Blue Belt clashed with MAKO Surgical, a rival in the surgical robotics industry, after Blue Belt hired former MAKO sales executive Jeffrey Gellman. This time, Blue Belt, … Continue reading
Call it a trend. A number of recent cases from across the country suggest that courts are pushing back against overzealous attempts to enforce non-compete agreements against salespeople. One of the latest examples comes out of the Illinois. In September 2010, Rodger Reaume began working in sales for Fisher/Unitech, a major reseller of computer animated … Continue reading
Landry’s Restaurants, the Houston-based company that owns more than 40 restaurant chains and 400 properties including restaurants, hotels and casinos, has sued a former employee for breaching a non-compete agreement. Last week, Landry’s filed suit against Tim Kohler, who formerly served as director of operations for Vic & Anthony’s Steakhouse, the highly-acclaimed steakhouse with locations … Continue reading
Fort Lauderdale-based MAKO Surgical Corporation has filed a lawsuit against a former employee, Jeffrey Gellman, and his new company, Blue Belt Technologies, Inc., alleging the parties conspired to steal MAKO’s confidential information and clients. MAKO is a company that is principally engaged in the design, manufacture and sale of robotic surgical systems. These systems use … Continue reading
It can be difficult to discuss trends in non-compete litigation, particularly from a national perspective, given that non-compete agreements are governed by state law. Although many states utilize similar tests for evaluating the enforceability of such agreements, there can be tremendous variation from one state to another. That said, a number of recent cases from … Continue reading
Need a NY or PA Non-Compete Lawyer? Call 954-332-2395. A recent case out of the Western District of New York raises a number of interesting non-compete issues, including Pennsylvania’s “worthless employee” doctrine. In 1983, Phillip Garrod began working as a salesman in the field of “elastometric precision products.” Let’s just call them EPPs. After seventeen … Continue reading
In the world of non-compete litigation, it is well-known that employee non-compete agreements are unenforceable under California law. As a result, when a non-compete dispute has any ties to California, we often witness the proverbial race to the courthouse. In essence, the former employee facing the possible lawsuit will seek to file first by bringing … Continue reading
Over the past few years, non-compete litigation in the broadcasting industry has become increasingly common. A recent case out of Birmingham, Alabama continues that trend. On Monday, Citadel Broadcasting (a subsidiary of Cumulus Media) filed a lawsuit against Ryan Haney, who formerly served as program director for Citadel’s Birmingham sports talk radio station, WJOX 94.5 … Continue reading
A recent North Carolina non-compete case has pitted one of the nation’s largest allergy clinics against one of North Carolina’s most respected physicians. Earlier this month, Charlotte-based Carolina Asthma and Allergy Center (CAAC) filed a lawsuit against one of its former doctors, Dr. Maeve O’Connor. Dr. O’Connor has joined the practice back in 2003 and … Continue reading
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