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Is the Washington Legislature Caching Out Noncompete Agreements? How This Change Might Affect Your Ability to Protect Your...

For tech giants like Microsoft and Amazon, and any number of emerging tech companies, tech professionals are a hot commodity in the state of Washington. No doubt, the competition is fierce here in Seattle and within the...more

More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle

Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist...more

Are Your Sales Practices Too Aggressive?

The Trade Descriptions Ordinance (TDO) prohibits traders from engaging in aggressive commercial practices, including harassment, coercion, or exerting undue influence on customers. DLA Piper explores what employers and...more

2015 UK Legal Highlights

Welcome to our 2015 edition of UK Legal Highlights. This update is a reminder of some of the most important and signi cant legal developments in 2015 in DLA Piper’s areas of expertise. Last year, we included key...more

Microsoft Defeats Wage Suppression Class Action On Statute Of Limitations Grounds

Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case...more

Texas Federal Court Rules “Anti-Competitive” Employment Covenants Do Not Raise Federal Antitrust Question

In a case solely comprised of state-law claims to enforce employment covenants, a United States District Judge in the North District of Texas ruled last week in Leica Microsystems Inc. v. Hernandez et al., No. 3:15-CV-2531-D,...more

Pennsylvania Still Requires Separate Consideration for Restrictive Covenant Agreements

In a much anticipated decision released on November 18, 2015, the Supreme Court of Pennsylvania closed the door—if it was ever open—on any arguments doing away with the separate consideration required for restrictive covenant...more

Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")...more

Brokers Switching Firms, Non-Competes & The Protocol  [Video]

Many brokers and financial advisors believe that The Protocol eliminates any possible exposure in the event they switch firms and seek to take clients with them. In reality, it's not that simple. Fort Lauderdale competition...more

New Risks of "No-Poach" Agreements in the Healthcare Industry?

"No-poach" agreements, under which employers agree not to steal each other's employees, have long been a feature of industries in which key talent is in short supply. But such agreements can restrict competition in employment...more

September Antitrust Bulletin

On August 13, the Federal Trade Commission (FTC) issued the first policy statement on Section 5 of the FTC Act in the agency’s 100-year history in a bipartisan, 4-1 vote. The one-page policy statement outlined the broad...more

Hidden Pitfalls of Old Non-Compete Provisions

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD...

The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical...more

Most Staffing and Recruiting Industry Non-Compete Agreements Unenforceable [Video]

Florida competition lawyer Jonathan Pollard discusses non-compete agreements in the staffing industry. The upshot: The vast majority of recruiting and staffing industry non-compete agreements are utterly unenforceable. ...more

Florida Non-Compete Litigation: Responding to Cease & Desist Letters [Video]

In this video, Jonathan Pollard discusses strategies for responding to cease and desist letters in non-compete disputes. Jonathan represents both plaintiffs and defendants in non-compete disputes and non-compete...more

Enforcing Florida Non-Compete Agreements [Video]

Fort Lauderdale, Florida competition lawyer Jonathan Pollard discusses enforcing non-compete agreements under Florida law. When viewed along a spectrum with other states, Florida is aggressively pro-non-compete. Because...more

Employee Poaching & Raiding Part II (Absent Restrictive Covenants)  [Video]

Employee poaching and raiding - particularly taking several employees from a rival - creates unique exposure for the hiring company. Exposure for employee poaching and raiding can be divided into two separate categories. ...more

DL Cycles, LLC v. Paul Mazurek

Consent Final Judgment & Permanent Injunction

In this case, our client DL Cycles, LLC d/b/a Trek Bicycles Florida sued its former regional manager, Paul Mazurek, for breach of various restrictive covenants. After separating from Trek, Mazuek went to work a competing...more

iPathology, LLC v. Arfaras et. al.

Answer, Affirmative Defenses, Counterclaims & Third Party Claim

We do a great deal of work defending complex non-compete cases. This is one of them. This case arose out of the break-up of a business partnership called iPathology. iPathology was, as the name suggests, a pathology lab....more

For Here or To Go? Senators Introduce Bill to Ban Noncompete Agreements, Increase Mobility For Sandwich Makers and Other Low-Wage...

Congress is getting into the non-compete business.  Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity...more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1)...more

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm...more

Looking Forward: Canadian Class Actions in 2015

Looking Forward - Developments in the courts continue to make class actions an attractive option for plaintiffs. The sphere of risk for companies operating in Canada is expanding. It is thus no surprise that activity...more

Antitrust Class Actions Against Employers: A Silicon Valley Special?

One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory...more

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