We are about to witness an explosion of Lanham Act litigation over fake online reviews. Estimates vary, but at least 50% of American consumers consider online reviews before making a purchase. A couple days ago, I had dinner at Boulud Sud in Miami. Before making reservations, I checked out the reviews online. The reviews were great.
Some background to get oriented: Non-compete agreements are restraints of trade. Non-compete cases fundamentally are not contract cases. Instead, they are restraint of trade cases. There are two lenses: The first lens is the restraint of trade lens. The second lens is the contract lens. They operate in that order. No exceptions. As such, the
The following are current trends and topics in non-compete law and non-compete litigation for October 2017. Let’s jump right in: Forged Non-Compete Agreements: Although it may seem far-fetched, companies occasionally forge non-compete agreements. To state the obvious: Forging a non-compete agreement is both morally reprehensible and incredibly stupid. But that doesn’t stop it from happening.
In 2001, the Florida legislature amended FDUTPA and changed the word “consumer” to “person”. This is what opened the door for businesses to sue. But in spite of that change more than 15 years ago, defendants in FDUPTA cases – and their lawyers – still push the “not a consumer” defense. There’s a reason for
Arbitration beats the risk of state court any day. And sometimes federal court, too. I’m a huge fan of certain federal judges. But even in federal court, the process is just too much nonsense. Constant fighting over discovery. Assorted shenanigans. Arbitration can sometimes be better and more efficient. And you get to pick the arbitrators.
This contest is open to all students in grades 9 through 12 anywhere in the country. I originally tried to do this solely for students in Broward County, Florida but the school system would not cooperate with me and help me get a flyer posted in the schools. True story. So it’s now open to