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Federal Courts Cannot Presume Irreparable Harm (Even in Florida Non-Compete Cases)

Florida Statute 542.335 applies to the enforcement of non-compete agreements in Florida. In relevant part, that statute provides that a court shall presume irreparable harm flowing from the violation of an enforceable non-compete agreement. Let me unpack this. In non-compete cases, the main event is usually a preliminary injunction. In most non-compete cases, it is

Supreme Court Limits Computer Fraud and Abuse Act (CFAA)

In a 6 to 3 ruling, the United States Supreme Court has limited the scope of the Computer Fraud and Abuse Act or CFAA. Background on the CFAA First, some background on the law: The CFAA was signed into law in 1986. It’s real purpose was to prevent hackers from breaking into secured computer systems.

Defending Criminal Theft of Trade Secret Cases

When we think about trade secret litigation, we think about it in the civil and commercial context. But that overlooks the growing trend of criminal trade secret prosecutions. Consider this a timely post: Florida just passed the Combating Corporate Espionage in Florida Act, which updates and amends the previous criminal laws regarding trade secret misappropriation. I’m going

Millions of Independent Contractors Have Claims for Overtime Wages

Independent contractors are not entitled to overtime pay. BUT that’s only when those independent contractors are truly independent contractors and properly classified as such. Millions of independent contractors throughout the country are misclassified. Instead of being independent, these people work for companies that control every aspect of their jobs. Properly classified, these workers should be W2 employees. As

Unpaid Wages: The FLSA Professional Exemption

Under the Fair Labor Standards Act, an employee is entitled to be paid overtime wages unless that employee is subject to an exemption. The FLSA lays out numerous (and often confusing) categories of exemptions. One of those exemptions is the Professional Exemption. Determining whether an employee is exempt from overtime pay based on the Professional

Millions of Sales Employees Have Unpaid Overtime Claims

For decades, companies have utilized the “outside sales” exemption of the FLSA to employ sales representatives on a pure commission basis. This makes sense. Under the FLSA, there is no minimum salary required for outside sales employees. As such, a company can hire dozens of sales people with no salary cost and pay them based