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non-compete attorney

This tag is associated with 12 posts

Janitor Non-Compete Agreements. Yep. That’s a Thing.

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

Non-Compete News & Notes – August 2018

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. Aided by corporate greed, widespread instances of judicial activism, and an utter failure to understand the basics of antitrust law, big firm lawyers constantly push non-compete agreements … Continue reading

Florida 5th DCA Says Referral Relationships Not Protectable

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

Stryker Losing Non-Compete Fight in Michigan (It’s Getting Ugly)

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

Eighth Circuit Weighs in on Assignment of Non-Competes

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

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

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

Shopping Plazas, Anchor Tenants & Non-Competes – A Decision from the 11th Circuit

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

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

Temporary Software Engineers in California Non-Compete Dispute

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

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

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