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miami non-compete lawyer

This tag is associated with 32 posts

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

Non-Compete Fight in the World of Surgical Robotics: MAKO Surgical Sues Competitor, Former Employee

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

Former Sales Rep Beats Dentsply in First Round of Non-Compete Fight

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

Recent Non-Compete Case Highlights Pennsylvania’s “Worthless Employee” Doctrine

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

Prominent North Carolina Doctor Wins First Round of Non-Compete Fight

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

Advertising Giant Leo Burnett in Non-Compete Fight Over Kellogg Account with Eight Former Employees

Early this month, eight employees of the advertising giant Leo Burnett Company simultaneously left the company in the midst of work on a critical project for a major client.  Ostensibly, the Leo Burnett Eight have their eyes set on taking that client and making it big on their own.   Leo Burnett is one of the … Continue reading

Zynga Sues Former Manager Over Theft of CityVille Trade Secrets

In the realm of non-compete and trade secret litigation, there are certain truisms that have stood the test of time.  Among the most basic:  Do not take company files with you.  This is a classic blunder.  You know, like getting involved in a land war in Asia.  It is a bad idea.  When you take … Continue reading

In Harlan Laboratories Case, MA Court States the Obvious: Leave the Customer Files Behind

Yesterday evening, at a cigar bar in Fort Lauderdale (shout out to the Florida Cigar Company), I had a discussion with a few gentlemen that touched upon the issues of confidential information, non-compete agreements and computer forensics.  One of these gentlemen was in the process of separating from his current employer and starting his own … Continue reading

Amazon Sues Former High Ranking Employee Over New Job at Google

As an attorney who defends employees in non-compete cases, I am generally critical of how such agreements are used.   For one thing, it seems that everybody has a non-compete agreement these days (maids, bartenders, news anchors), even when the facts suggest that such an agreement is unenforceable.  And every plaintiff in every non-compete case runs … Continue reading

Boston Area Dentists in Non-Compete Controversy

Interesting non-compete news out of Weymouth, Massachusetts (a small city about twenty miles south of Boston).   Back in September 2009, a Boston-area dentist Gerald Maher sold his practice to a newly formed company called Dental Wellness.  As part of the transaction, Maher agreed (1) to refrain from practicing dentistry within a 15-mile radius of Dental … Continue reading

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