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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
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
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 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
Landry’s Restaurants, the Houston-based company that owns more than 40 restaurant chains and 400 properties including restaurants, hotels and casinos, has sued a former employee for breaching a non-compete agreement. Last week, Landry’s filed suit against Tim Kohler, who formerly served as director of operations for Vic & Anthony’s Steakhouse, the highly-acclaimed steakhouse with locations … Continue reading
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
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
Last week, the Texas Court of Appeals affirmed a trial court order finding a physician non-compete agreement unenforceable as against public policy. Although Texas has no outright ban on physician non-compete agreements (like Massachusetts or Alabama), the decision suggests that Texas courts may be willing to invalidate physician non-compete agreements where there is evidence of … Continue reading
Over the past few years, non-compete litigation in the broadcasting industry has become increasingly common. A recent case out of Birmingham, Alabama continues that trend. On Monday, Citadel Broadcasting (a subsidiary of Cumulus Media) filed a lawsuit against Ryan Haney, who formerly served as program director for Citadel’s Birmingham sports talk radio station, WJOX 94.5 … Continue reading
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
the non-compete blog 