A recent non-compete case out of Missouri raises a number of interesting considerations, including some related to choice of law and conflicts of law. The case is TLC Vision (USA) Corp. v. Freeman, 2012 WL 5398671 (E.D. Mo. Nov. 2, 2012). TLC is basically in the business of running centers that provide vision correction services.
In the realm of non-compete and trade secret litigation, there are certain truisms that have stood the test of time. Among the most basic: Do not take company files with you. This is a classic blunder. You know, like getting involved in a land war in Asia. It is a bad idea. When you take
Yesterday evening, at a cigar bar in Fort Lauderdale (shout out to the Florida Cigar Company), I had a discussion with a few gentlemen that touched upon the issues of confidential information, non-compete agreements and computer forensics. One of these gentlemen was in the process of separating from his current employer and starting his own
As an attorney who defends employees in non-compete cases, I am generally critical of how such agreements are used. For one thing, it seems that everybody has a non-compete agreement these days (maids, bartenders, news anchors), even when the facts suggest that such an agreement is unenforceable. And every plaintiff in every non-compete case runs
These days, speculating about antitrust cases against major companies appears to be all the rage. A few months back, there was a ton of chatter on the interwebs about Facebook’s potential liability for antitrust. This morning, CNET ran a piece entitled, “What an anti-Google antitrust case by the FTC may look like.” The key source
Interesting non-compete news out of Weymouth, Massachusetts (a small city about twenty miles south of Boston). Back in September 2009, a Boston-area dentist Gerald Maher sold his practice to a newly formed company called Dental Wellness. As part of the transaction, Maher agreed (1) to refrain from practicing dentistry within a 15-mile radius of Dental