Non-Compete Advising

P: 954-332-2380

Jonathan Pollard represents a variety of individuals and corporate entities throughout Florida and beyond in providing advice and strategic guidance related to non-compete agreements.  Although Jonathan is an experienced litigator and trial lawyer, much of his practice involves consulting and advising with the goal of avoiding litigation altogether.

With respect to advising individuals, Jonathan frequently advises executives, directors, managers, doctors and other high level employees on all aspects of restrictive covenants and non-compete provisions.  Jonathan routinely assists high level employees in negotiating the terms of their employment contracts, with a particular focus on non-compete issues.

Jonathan also assists employees in negotiating the terms of their separation from companies.  It often is possible to resolve non-compete disputes and avoid litigation either through negotiations that touch upon post-employment compensation (e.g. stock; deferred compensation; etc), efforts to ensure an orderly transition or an outright buyout of the non-compete restrictions.

Beyond this, Jonathan routinely advises individuals who are in the process of selling a business where non-compete issues are implicated and individuals who have already sold their businesses, agreed to non-compete restrictions and now are analyzing their ability to re-enter the market during the restricted term while minimizing exposure.

With respect to corporate advising, Jonathan routinely advises corporations regarding non-compete issues related to their own hiring.  Jonathan has advised numerous companies that are seeking to hire individuals who are subject to non-compete agreements.  In some instances, such companies are seeking to hire multiple employees away from an industry rival.  This is often referred to as employee poaching or raiding.  Jonathan routinely advises companies regarding their potential exposure and liability for employee poaching and raiding. In this context, such exposure generally takes the form of a claim for tortious interference or theft of trade secrets.   In the course of consulting with companies regarding employee poaching and raiding, Jonathan routinely advises on enforceability of non-compete agreements, choice of law, conflicts of law, litigation risk, injunction risk and strategies for limiting exposure.

Representative advising and consulting matters include:

  • Advising dentist who had formerly sold dental practice in connection with acquisition of a new practice in the restricted territory.
  • Advising group of neurosurgeons regarding non-compete issues and renegotiation of their employment contract.
  • Advising group of medical sales executives who broke away from larger company on formation of their new venture and non-compete issues.
  • Advising pediatric cardiologist regarding non-compete issues related to a contemplated change of hospitals.
  • Advising founder of executive staffing company regarding non-compete issues in connection with launch of his new venture.
  • Advising financial entity and its principals regarding potential exposure for employee poaching and raiding.

Jonathan represents clients throughout Florida and beyond, including clients in Fort Lauderdale, Miami, West Palm Beach, Orlando, Tampa and Jacksonville.

To read about recent developments in non-compete litigation, visit Jonathan’s the non compete blog.  If you need guidance regarding non-compete and related issues, please contact Jonathan Pollard’s Fort Lauderdale office at 954-332-2380 to discuss your situation.