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non-compete agreements

This tag is associated with 40 posts

Wells Fargo Denied Injunction, Constructive Trust Against Former Brokers

A team of insurance brokers left Wells Fargo, probably took $6.5 million in business with them and managed not to get enjoined.  But they might be toast in the end and owe Wells Fargo lots of money.  Let’s take a look: Case Background  Joshua Tyndell, William Dineen, H. Keith McNally, Thomas Blue, and Erin Repp … Continue reading

6th Circuit Upholds Jury Verdict on Forever Non-Compete Under Ohio Law

FOR-EV-ER.  Remember The Sandlot?  That’s what we’re talking about here.  FOR-EV-ER. A recent decision out of Michigan and the United States Court of Appeals for the Sixth Circuit reminds us that some non-competes can last forever and that jury instructions are incredibly important. Let’s take a look: In 1947, Fred Barton developed a radiator stop leak … Continue reading

AAMCO Loses Non-Compete Case Against Pro Se Former Franchisee

Let that sink in: AAMCO sued two former franchisees, a husband and wife couple, for breaching a non-compete agreement. AAMCO was represented in the litigation by a team of lawyers from three law firms. And they lost to two pro se litigants. Let’s take a look: AAMCO is a franchisor of transmission repair centers based … 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

Non-Competes & Disintermediation (Cutting Out the Middle Man) – A Recent Case from NJ

A recent case out of the District of New Jersey addresses disintermediation as a legitimate business interest in the non-compete context.   Disintermediation is just a technical term for cutting out the middle-man. Let’s take a look: CarePoint Health Management Associates is a New Jersey hospital system. UpStream Healthcare Management Associates is a hospital management company … Continue reading

Recapping Major Non-Compete News from Around the Nation

New Mexico has passed a new law that limits physician non-compete agreements.  Although the law places some limitations on restrictive covenants for doctors, it is not an outright ban of such restrictions (of the sort found in several states like Alabama or Massachusetts).  Under the new law, employee physician non-compete agreements are banned.  If an … Continue reading

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1) antitrust injury and (2) that he or she is an efficient enforcer of the antitrust laws. The first prong – antitrust injury – is satisfied … Continue reading

Merger Discussions & Non-Compete Agreements: A Recent Case from the EDNY

A recent case out of the Eastern District of New York raises interesting questions about the use of non-compete agreements in connection with merger talks. Let’s take a look: Calico Cottage, Inc. is a New York company engaged in the wholesale fudge business. That’s right. Calico sells both the ingredients needed to make fudge, fudge … Continue reading

Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in the SDNY

Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and ultimately controlled sixteen Mister Softee franchises with a territory spanning parts of Bronx, New York and Queens Counties. At … 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

Not in Florida?

Need a non-compete or trade secret attorney somewhere other than Florida? I have relationships with non-compete and trade secret attorneys throughout the country. Call my office at 954-332-2380.

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