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non-compete agreements

This tag is associated with 43 posts

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

More Frivolous (Trade Secrets) Lawsuits – Another Case from Minnesota

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

Frivolous (Trade Secrets) Lawsuits and Greedy (Big Firm) Plaintiff’s Lawyers: A Recent Case from Minnesota

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

Choice of Law & Non-Compete Agreements: A Recent Case from Ohio

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

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

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

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