Clik here to view.
On Non-Compete Agreements: A Response to the Wall Street Journal’s Recent...
A recent article in the Wall Street Journal states what some of us have known for the past few years: Litigation over non-compete agreements is on the rise. But rather than that assertion being...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Choice of Law & Non-Compete Agreements: A Recent Case from Ohio
Just a few days ago, the Southern District of Ohio issued a decision in a non-compete case that reads like a treatise on non-compete agreements, choice of law and conflicts of law. Let’s take a look:...
View ArticleClik here to view.
Frivolous (Trade Secrets) Lawsuits and Greedy (Big Firm) Plaintiff’s Lawyers:...
A recent case out of Minnesota raises a number of non-compete and trade secret issues. Let’s take a look: In 2005, Robert Wilcox was hired as the general manager of ground handling services at...
View ArticleClik here to view.
More Frivolous (Trade Secrets) Lawsuits – Another Case from Minnesota
Another recent case out of Minnesota raises a number of interesting non-compete and trade secret issues. The case involves a familiar chain of events: Harley Automotive Group, Inc. sells wholesale...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Shopping Plazas, Anchor Tenants & Non-Competes – A Decision from the 11th...
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...
View ArticleClik here to view.
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....
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Eighth Circuit (Practically) Saves Section 1 Sherman Act Claims, Saves...
In the past few months, we have seen a number of decisions involving non-compete issues in the grocery industry— from appellate courts, no less. That trend continues. This case comes out of the Eighth...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Hallmark Recovers $47 Million for Theft of Greeting Card Market Research,...
A fascinating, salacious trade secrets case out of the Western District of Missouri and the Eighth Circuit Court of Appeals: Hallmark Cards, Inc. hired Monitor Company Group, L.P. to provide research...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Unilever Gets Egg On Its Face: Maker of Hellmann’s Sues Upstart Hampton Creek...
Unilever, the maker of Hellmann’s Mayonnaise, has filed a lawsuit in New Jersey federal court against Hampton Creek foods over a competing product called Just Mayo. As many folks know, Hampton Creek is...
View ArticleClik here to view.
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...
View Article