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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
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
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
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
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
Another recent case out of Minnesota raises a number of interesting non-compete and trade secret issues. The case involves a familiar chain of events: Harley Automotive Group, Inc. sells wholesale automotive parts and supplies to car dealerships. The company is based in Minnesota but also has a facility in Fort Myers, Florida. Harley sells its … Continue reading
A recent case out of Minnesota raises a number of non-compete and trade secret issues. Let’s take a look: In 2005, Robert Wilcox was hired as the general manager of ground handling services at Minneapolis St. Paul Airport (“MSP”) for a company called Integrated Airline Services Alliance. In 2006, Menzies Aviation purchased Integrated. Menzies bills … Continue reading
If you need an Ohio non-compete lawyer, call our office at 954-332-2380. We have relationships with non-compete lawyers in Ohio. Just a few days ago, the Southern District of Ohio issued a decision in a non-compete case that reads like a treatise on non-compete agreements, choice of law and conflicts of law. Let’s take a … Continue reading
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
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
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