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Proving once again that corporate greed knows no limits, real estate firm Cushman Wakefield recently sued a former janitor, Sonia Mercado, for violating a non-compete agreement. The Washington Post broke the story. Immediately thereafter, following public outcry and a rash of negative publicity, Cushman caved and agreed to drop the lawsuit. Although that is a … Continue reading
It’s August of 2018 and non-compete agreements are still rampant in American markets. Not surprisingly, non-compete litigation remains big business for management-side lawyers, particularly at large corporate firms. But there are cracks in the armor. More and more states are contemplating severe restrictions on the use of non-compete agreements, if not outright bans. And several … Continue reading
A recent case out of Florida’s Fifth District Court of Appeals raises important raises important issues related to physician non-compete agreements. Let’s take a look: Before addressing the specifics of this case, some context is necessary: Agreements not to compete are restraints of trade. In any non-compete case, there are two lenses: restraint of trade … Continue reading
A very important decision out of the Western District of Michigan touches upon several important aspects of non-compete litigation and particularly non-compete defense. Not surprisingly, the case pits Stryker against a former sales rep. Stryker, as many folks know, is notorious for aggressively enforcing its non-compete agreements. Let’s take a look: Christopher Ridgeway was hired … Continue reading
A recent case out of the United States Court of Appeals for the Eighth Circuit raises some interesting issues related to assignment of employee non-compete agreements. Let’s take a look: Brandon Tipton, Michael Gilbert and Steven Padgett all worked for Treadway Electric Company in Arkansas. Treadway was a distributor of electrical supplies and equipment. As … Continue reading
A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm to the public. But the case does more than that: It forces us to take a hard look at … Continue reading
This is not your standard non-compete case: Just days ago, the Eleventh Circuit handed down its opinion in an extremely complex dispute related to shopping plazas, anchor tenants and restrictive covenants. Let’s take a look: Winn-Dixie is a regional grocery store chain based in Jacksonville, Florida. It has hundreds of supermarkets throughout the Southeast. In … 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
A strange case out of California: A company called Zora Analytics contracted with a company called AnanSys Software for the placement of temporary software engineers. AnanSys then subcontracted out the job to a company called Cigniti. AnanSys made Cigniti sign a software consulting agreement, which contained a non-compete/non-disclosure agreement. Cigniti then assigned one of its … 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
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