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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

Race to California Courthouse Fails in Recent Non-Compete Dispute

In the world of non-compete litigation, it is well-known that employee non-compete agreements are unenforceable under California law.  As a result, when a non-compete dispute has any ties to California, we often witness the proverbial race to the courthouse.  In essence, the former employee facing the possible lawsuit will seek to file first by bringing

Texas Court of Appeals Strikes Down Cardiologist Non-Compete Agreement on Public Interest Grounds

Last week, the Texas Court of Appeals affirmed a trial court order finding a physician non-compete agreement unenforceable as against public policy.  Although Texas has no outright ban on physician non-compete agreements (like Massachusetts or Alabama), the decision suggests that Texas courts may be willing to invalidate physician non-compete agreements where there is evidence of