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Former Sales Rep Beats Dentsply in First Round of Non-Compete Fight

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

Florida 5th DCA Reaffirms Importance of Customer Relationships and Customer Goodwill

Florida’s 5th DCA has issued an opinion that reaffirms the importance of customer relationships and customer goodwill in non-compete cases.  The decision breaks no new ground, but instead, demonstrates what we have known all along:  Florida courts will uphold aggressive non-compete agreements when those agreements are used to protect customer relationships. The facts of the

Recent Non-Compete Case Highlights Pennsylvania’s “Worthless Employee” Doctrine

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 years in the business, he was hired by a

Florida Non-Compete Agreements: When You Should Sue First

Most of the calls I receive in my Fort Lauderdale office are from people who have just received a cease and desist letter from a law firm that represents their former employer.  The story is a familiar one.  The person worked for one company, moved on to another company and is now being accused of

Floirda Non-Compete Agreements: Supplier Relationships

In Florida, non-compete agreements are governed by Florida Statute 542.335. The statute indicates that non-compete agreements can only be used to protect legitimate business interests. Although the statute is not exhaustive, it does spell out a number of such interests. These include relationships with customers. Many companies suing to enforce non-compete agreements attempt to conflate