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Florida Non-Compete Agreements: Responding to Cease & Desist Letters

[youtube http://www.youtube.com/watch?v=urVCwyCl-2U&w=420&h=315]   Jonathan Pollard is a trial lawyer and litigator based in Fort Lauderdale, Florida.  He focuses his practice on cases involving non-compete disputes, antitrust and business torts.  He represents clients in Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Jupiter, Fort Myers, Tampa, and Orlando.  

NY Appellate Court Holds Rescission of Stock Options Can Be Remedy for Non-Compete Breach

A recent decision out of New York’s Appellate Division, Fourth Department, raises the interesting consideration of non-compete agreements and rescission.   The case apparently has been in litigation for several years, but the recent appellate decision is worth a look. Back in 2004, Richard Smith left a company called Lenel Systems, which develops, manufactures and sells

Referral Relationships and Florida Non-Compete Agreements

In many non-compete cases, the plaintiff’s goal is to protect certain relationships.  This often gives rise to questions about what types of relationships can be protected through using a non-compete agreement.  Although Florida Statute 542.335 indicates that customer relationships can constitute a legitimate business interest, the customer relationship is not the only type of relationship

Recapping the Latest Blue Belt Tech. Non-Compete Dispute (This Time vs. Stryker)

Pittsburgh-based Blue Belt Technologies, an emerging player in the medical device and medical technology industry, continues to find itself at the center of non-compete disputes.   Earlier this year, Blue Belt clashed with MAKO Surgical, a rival in the surgical robotics industry, after Blue Belt hired former MAKO sales executive Jeffrey Gellman.  This time, Blue Belt,

The Inevitable Disclosure Doctrine in Florida and Beyond

In the world of non-compete and trade secret disputes, the doctrine of inevitable disclosure has long been a point of controversy and confusion.  Simply put, inevitable disclosure means exactly what it sounds like.  In the non-compete context, the theory goes like this:  Employee works for Company A.  Employee is exposed to confidential information and/or trade

Fisher/Unitech (Basically) Loses Non-Compete Fight Against Former Sales Exec

Call it a trend.  A number of recent cases from across the country suggest that courts are pushing back against overzealous attempts to enforce non-compete agreements against salespeople.  One of the latest examples comes out of the Illinois. In September 2010, Rodger Reaume began working in sales for Fisher/Unitech, a major reseller of computer animated