Florida Non-Compete Agreements: Responding to Cease & Desist Letters

Fort Lauderdale, Florida non-compete and trade secrets lawyer Jonathan Pollard discusses responding to cease and desist letters.  In many non-compete and trade secrets cases, a cease and desist letter often represents the first stage of the dispute.

The classic scenarios involve (1) an employee who left a company and is now working for a competitor (2) an employee who left a company and started his own venture (3) a business owner who sold her company and is now seeking to get back into the industry.  In all of these instances, there will likely be a non-compete and/or trade secret dispute.  The plaintiff in these cases most often begins the process by sending a cease and desist letter.  These letters rarely evaluate the actual enforceability of the non-compete agreement at issue.  Instead, they tend to contain boilerplate allegations:  You signed a non-compete agreement.  Now you are competing against us in violation of that agreement.  We will sue you.

When faced with a cease and desist letter in a non-compete context, there are three basic options:  (1) do nothing (2) send a response or (3) sue first.  This video discusses all of those options in greater detail.

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.

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