In non-compete and trade secret litigation, the preliminary injunction is often the most critical part of the case. Remember: In most non-compete and trade secret cases, the plaintiff is not seeking just monetary damages. Instead, they are usually seeking injunctive relief. An individual or company beings sued for violations of a non-compete agreement, employee poaching and raiding or theft of trade secrets can be hit with a preliminary injunction. That injunction can bar the individual or company from doing business with certain customers or clients, operating in certain markets or engaging in business period. It follows that in many cases, the outcome of the preliminary injunction hearing can be dispositive: When the plaintiff wins a preliminary injunction, it may suggest they have a strong case on the merits. It can also deal a crippling blow to the defendant’s finances— particularly where the injunction bars the company or the individual from competing wholesale. This it is so important to prepare for the preliminary injunction evidentiary hearing.
This video discusses the importance of preliminary injunctions in non-compete and trade secret litigation and focuses on some critical distinctions between litigating such cases in federal vs. state court. As noted in the video, we recently won a significant decision in the United States Court of Appeals for the Eleventh Circuit related to some of these issues (specifically, the defendant’s right to an evidentiary hearing). That opinion is here.
For national non-compete and trade secret coverage, please see our non-compete blog.
Jonathan Pollard is a trial lawyer and litigator based on Fort Lauderdale, Florida. He focuses his practice on defending non-compete and trade secret claims. Jonathan routinely represents doctors, corporate executives and other high level employees who are switching companies, or, who have started their own ventures. Beyond litigation, Jonathan advises employees, companies and business owners regarding restrictive covenant issues in connection with employment contracts, separation agreements, hiring decisions, the purchase or sale of business interests and the execution of commercial leases. Jonathan has been interviewed about non-compete issues by reporters from INC Magazine, the BBC and The Tampa Bay Times. In addition to his background in non-compete and trade secrets work, Jonathan has broad experience as a competition lawyer, generally, and has litigated numerous cases under both the Sherman and Lanham Acts. He is licensed in all Florida federal and state courts and routinely represents clients in Miami, Fort Lauderdale, West Palm Beach, Fort Myers, Tampa, Orlando and Jacksonville. His office can be reached at . For more information, visit http://www.pollardllc.com.