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miami non-compete lawyer

This tag is associated with 31 posts

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

Medical Equipment Industry Remains a Hotbed of Non-Compete Litigation

Call it a trend.  These days, non-compete litigation is everywhere:   All across the country and in every industry imaginable.  Some industries generate more non-compete litigation than others.  And perhaps no industry has more non-compete litigation than the healthcare industry.   In any field that is remotely connected to healthcare or medicine, you will find widespread use … Continue reading

On Non-Compete Agreements: A Response to the Wall Street Journal’s Recent Article

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

Elevator Sales Company and Former Employee in Interesting Non-Compete Fight

Strangely enough, the United States District Court for the Middle District of Florida has become a hotbed of non-compete litigation.  That may simply be a product of national trends:  As Dow Jones recently reported, companies are becoming increasingly aggressive on the non-compete front.  More and more companies are requiring employees to sign non-compete, non-disclosure and … Continue reading

Recapping the Latest Blue Belt Tech. Non-Compete Dispute (This Time vs. Stryker)

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

Fisher/Unitech (Basically) Loses Non-Compete Fight Against Former Sales Exec

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

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