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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

Tech Companies Reach New Settlement in Anti-Poaching Cases

This blog has previously reported on the anti-poaching cases involving various tech companies in Silicon Valley.  The cases arise out of alleged agreements between various tech companies not to recruit each other’s...more

"insights" Newsletter - Autumn 2014

In this issue: - Immigration and Customs Enforcement ("ICE") - Antitrust and Compliance Programs - Staffing Companies and their Clients - Employment Law Update - Impact of the Windsor...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

Bernstein Shur Business and Commercial Litigation Newsletter #46

We are pleased to present the 46th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address class actions pending against Silicon Valley companies,...more

Cartel Prosecutions – The Next Wave and the New Message from the U.S. Antitrust Division

It is widely rumored that the U.S. Antitrust Division of the Department of Justice (“Antitrust Division”) is already working toward its next wave of international cartel investigations. The blockbuster auto parts...more

Trade & Manufacturing - News of Note - November 2014

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

Employer Threatened with Legal Action Over Broad Use of Non-Competition Agreements

On their face, post-employment non-competition agreements seem like a great idea. What employer wouldn’t want to keep their employees from jumping to a competitor? However, one employer’s experience with broad use of such...more

To Compete or Not to Compete: Is That the Question?

A June 8, 2014 New York Times article highlighted an increasing trend in the areas of antitrust, competition, and employment law: the enforcement of covenants not to compete. As noted in the article, businesses have...more

Moon et al v. Medical Technology Associates, Inc.

Eleventh Circuit Order Vacating Preliminary Injunction & Remanding

The case involves a non-compete dispute between two competitors in the medical gas industry, the Moon family and Medical Technology Associates. The Moons previously worked for MTA and entered employment agreements with MTA...more

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

The Majors, The Minors and Antitrust Training

In my last antitrust training blog, I admitted I didn’t know much about it and that I frankly thought of the topic as much less popular than others in most ethics and compliance training libraries. After writing about it,...more

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