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Since starting my own law firm more than seven years ago, I have done one type of work more than any other: Defend poor people against bogus, abusive, illegal non-compete agreements. In all fairness, I have also done lots of work at the other end of the spectrum. I have defended C-Level executives (including some … Continue reading
Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist named Stephanie Russell-Kraft who moved from Law360 to Thomson Reuters. Shortly after beginning work at Thomson Reuters, her … Continue reading
A recent non-compete case out of Florida’s Third District Court of Appeals deals with the issue of restrictive covenants and independent clauses. Let’s take a look: In the Trial Court Defendants Dale Denton and David West were employees of Richland Towers, Inc. They signed employment agreements with Richland that contained, among other restrictive covenants, non-compete … Continue reading
Florida continues to be a hotbed for non-compete litigation (possibly in light of the fact that Florida non-compete laws are among the most pro-employer in the country). A recent case out of the United States District Court for the Southern District of Florida in Miami pits National Deli, one of America’s largest manufacturers of deli … 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 decision out of the Northern District of New York is a fantastic example of the thorough, methodical process all courts should bring to the analysis of non-compete claims. The decision also provides a wealth of useful information about defending non-compete claims under New York law. Let’s take a look: Two companies, DS Parent, … Continue reading
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
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
It can be difficult to discuss trends in non-compete litigation, particularly from a national perspective, given that non-compete agreements are governed by state law. Although many states utilize similar tests for evaluating the enforceability of such agreements, there can be tremendous variation from one state to another. That said, a number of recent cases from … 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
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