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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...
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Non-Competes, Stock Agreements & Escape Clauses – A Recent Case from the NDNY
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...
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New York Court Calls Florida Non-Compete Laws “Truly Obnoxious” to New York...
A recent appellate decision out of New York raises some interesting issues for Florida employers and their out-of-state employees. The facts of the case are not extraordinary: Brown and Brown, Inc....
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Deli Meats and Non-Competes: National Deli Sues former Officers Over...
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...
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Independent Clauses & Restrictive Covenants – A Recent Appellate Case from...
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...
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Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in...
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...
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Choice of Law Has Huge Consequences, Especially in NC Non-Compete Case
An interesting case out of the Eastern District of North Carolina reminds us of the importance of choice of law when dealing with non-compete litigation. Let’s take a look: In December 2009, Associated...
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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...
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Texas Court Refuses to Apply Texas Choice of Law in Non-Compete Fight...
A recurrent theme in non-compete litigation is the overriding importance of choice-of-law. The latest example comes to us from the United States District Court for the Southern District of Texas and...
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Three Nike Employees Perpetrate Massive Theft of Trade Secrets then Bolt for...
Nike has sued three former employees who left to work for Adidas. The company is suing for everything imaginable: Breach of contract, theft of trade secrets, fraud, conspiracy and more. In a fifty page...
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Brokers Switching Firms: The Protocol and Recent Developments
In August 2004, Merrill Lynch, Citigroup, and UBS entered a pact not to sue one another over client relationships in their wealth management businesses. This pact was known in the industry as the...
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Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists...
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...
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Physician Non-Compete Agreements and Antitrust
Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the...
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Non-Competes & Disintermediation (Cutting Out the Middle Man) – A Recent Case...
A recent case out of the District of New Jersey addresses disintermediation as a legitimate business interest in the non-compete context. Disintermediation is just a technical term for cutting out...
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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...
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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...
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More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle
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...
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SDFL Denies Injunction in Non-Compete Fight Over Client Ernst & Young
A recent case out of the Southern District of Florida provides important guidance into the limits of non-compete agreements under Florida law. The case is one of the most comprehensive Florida...
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6th Circuit Upholds Jury Verdict on Forever Non-Compete Under Ohio Law
FOR-EV-ER. Remember The Sandlot? That’s what we’re talking about here. FOR-EV-ER. A recent decision out of Michigan and the United States Court of Appeals for the Sixth Circuit reminds us that some...
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Wells Fargo Denied Injunction, Constructive Trust Against Former Brokers
A team of insurance brokers left Wells Fargo, probably took $6.5 million in business with them and managed not to get enjoined. But they might be toast in the end and owe Wells Fargo lots of money....
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