Florida Non-Compete Agreements: Playing Offense

Fort Lauderdale, Florida non-compete and trade secret attorney Jonathan Pollard discusses how to defend non-compete and trade secret claims aggressively by playing offense.  Specific topics discussed include:

  • Differences between litigating non-compete claims in federal vs. state court
  • Importance of suing first where the forum may be of paramount importance
  • Importance of an aggressive, comprehensive defense strategy
  • Importance of affirmative claims for relief including declaratory judgment claim

The bottom line:  This is a particularly complex area of law.  That complexity creates significant risk for lawyers who lack the experience and the ability and their clients.  On the flip side, the complexity allows good lawyers with the right experience to do what they do best:  Come up with creative solutions.  In this area of law, there is tremendous room for strategy and creativity, particularly before the litigation ever begins.  The best strategy for defending non-compete and trade secret claims is to aggressively play offense.  This often involves suing for a declaratory judgment or crafting other affirmative claims for relief, particularly where necessary to get the case into federal court.


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, the National Federation of Independent Business 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 954-332-2380. For more information, visit http://www.pollardllc.com.

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