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

Florida 4th DCA: Disputed Personal Jurisdiction Requires Evidentiary Hearing

Florida’s 4th District Court of Appeal has issued an important decision on long-arm personal jurisdiction. Not surprisingly, the case arises out of a non-compete dispute. Let’s take a look. Citrix is one of Fort Lauderdale’s 800lb gorillas. They are also a notorious bully when it comes to non-compete agreements. Citrix filed a non-compete lawsuit against

FLSA Claims, Mootness, & Fee Exposure (A Cautionary Tale)

Today’s post touches upon an important procedural aspect of Fair Labor Standards Act (“FLSA”) case law. This is a good read for my colleagues who are labor and employment lawyers. As many people know, I am quite critical of the FLSA and many of the FLSA mills that exist throughout the country. That’s right: FLSA