Approximately three months ago, when the coronavirus first became an economic crisis, I made the following prediction: That companies would be less inclined to file frivolous non-compete and trade secret lawsuits. Follow my logic here. At the most basic level, litigation can be classified as either necessary or discretionary. Suppose a company has developed some
As many folks know, I am not particularly fond of arbitration. I can offer numerous legitimate reasons why. Among them: (1) No jury. I like juries. (2) In certain parts of the country, the roster of available arbitrators is underwhelming. Try arbitrating a complex commercial dispute in Florida where the agreement calls for 3 arbitrators.
Over the years, I have accurately predicted the results of numerous ill-conceived lawsuits. Just to offer a few examples: In the midst of the disastrous Procaps v. Patheon litigation, I opined that there was no real antitrust case there and Carlton Fields had given Procaps terrible advice. I was right. Not only was the case
Although such issues have not often been raised in the federal courts, employee agreements not to compete are proper subjects for scrutiny under section 1 of the Sherman Act. – United States Court of Appeals, Second Circuit (1977) When I started my own law firm several years ago, I decided to focus on defending non-compete
For the past 30+ years, many companies in America have abused non-compete agreements. A non-compete agreement in connection with the sale of a business is perfectly reasonable and serves a legitimate business purpose. But employee non-compete agreements? Most such agreements have a clear and unlawful goal: eliminate competition, restrict employee mobility, and suppress wages. In
Today’s podcast discussion from Florida competition lawyer Jonathan Pollard: Defending against preliminary injunctions in non-compete, trade secret, trademark, and unfair competition cases. This one is primarily for lawyers who practice in this space. Specific topics addressed include: 1. Fake emergencies and emergency hearings. In a non-compete/trade secret/unfair competition case, the standard corporate plaintiff playbook involves seeking