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Covid-19 Has Resulted in a Tsunami of Frivolous Non-Compete & Trade Secret Lawsuits

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

Covid-19 Toolkit: Maybe Exit Litigation and Go to Arbitration

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.

Companies Keep Wasting Money on Worthless Trademark Lawsuits

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

Employee Non-Compete Agreements as Section 1 Antitrust Violations

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

COVID 19: Impact on Non-Compete Litigation

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

Defending Against Preliminary Injunctions: Strategic Considerations

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