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Non-Compete Agreements in Sales

This tag is associated with 7 posts

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

NY Appellate Court Holds Rescission of Stock Options Can Be Remedy for Non-Compete Breach

A recent decision out of New York’s Appellate Division, Fourth Department, raises the interesting consideration of non-compete agreements and rescission.   The case apparently has been in litigation for several years, but the recent appellate decision is worth a look. Back in 2004, Richard Smith left a company called Lenel Systems, which develops, manufactures and sells … 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

Devicor, Major Player in Medical Device Industry, Loses Non-Compete Case Against Former Employee

Devicor Medical Products, a major player in the medical device industry, has lost its bid to prevent a former employee from working for Hologic, a company with divisions that compete against Devicor in the breast biopsy product market. In June 2005, Keith Reed began work as a sales representative for Ethicon Endo-Surgery, Devicor’s predecessor.  In … 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

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