Non-Compete Litigation

Jonathan Pollard has extensive experience litigating and resolving non-compete disputes.  He represents individuals and entities on both sides of non-compete matters.

On the plaintiff side, Jonathan has successfully represented numerous companies in both resolving non-compete disputes without litigation and enforcing non-compete agreements in court.  Having litigated both sides of non-compete cases, Jonathan brings to the table extensive knowledge of Florida non-compete law.  Further, Jonathan is an experienced litigator.  He has extensive experience with preliminary injunction hearings.  He has prosecuted and won appeals in the United States Court of Appeals for the Eleventh Circuit.  He has tried both jury and bench trials to verdict.  If you are faced with the prospect of enforcing a non-compete agreement, view this discussion.

On the defense side, Jonathan routinely represents executives, directors, managers, doctors and other high level employees in non-compete and trade secrets cases throughout the state of Florida.  In this context, Jonathan often defends not only the individual employee but also the new employer if the employer is sued for tortious interference.

Representative matters include:

  • Prosecuting non-compete claims against regional sales manager of Trek Bikes.
  • Prosecuting non-compete claims against aerospace metals sales executive.
  • Defending prominent wine and spirits executive against non-compete litigation brought by his former company.
  • Defending media company and principals in non-compete and trade secret litigation against industry rival.
  • Defending medical gas company and its principals in non-compete litigation against former employer.
  • Defending respiratory therapist in non-compete litigation against his former practice.
  • Defending prominent geriatrics doctor against non-compete and trade secret claims.
  • Defending software developers and their new company against non-compete and trade secret claims.

In Florida, non-compete and non-solicitation agreements are governed by Florida Statute 542.335.  This statute lays out the boundaries of an acceptable non-compete agreement.  Non-compete agreements must be reasonable in terms of duration and geographic scope.  Reasonableness of geographic scope will depend largely on the industry.  With respect to temporal limitations, Florida courts rarely uphold employee non-compete agreements that are greater than two years in duration.  Additionally, a Florida non-compete agreement can only be used to protect a legitimate business interest.  In Florida, legitimate business interests generally include trade secrets, confidential information, extraordinary investment in the employee, customer relationships or corporate goodwill.  Most Florida non-compete cases involve disputes over confidential information and customer relationships.  If there is no legitimate business interest at issue, the non-compete agreement may be invalid under Florida Law.

As your lawyer, Jonathan Pollard will review your non-compete agreement, assess the relevant facts and determine the appropriate course of action.  In some instances, this may entail negotiating a resolution with your former employer out of court.  Many non-compete disputes can be settled on terms that suit all parties prior to embarking down a path of costly litigation.  In other cases, where the facts are strongly in your favor, the best course of action may be to sue first for a declaratory judgment holding that the non-compete agreement is unenforceable under Florida law.  If your former employer has sent you a cease and desist letter  but the facts and law are on your side, then seeking a declaratory judgment may be your best option.  Finally, in some instances, it may be necessary to defend a lawsuit filed by your former employer.  The best strategy for fighting your non-compete agreement will depend on the specific facts and circumstances of your case.

Jonathan has extensive knowledge regarding the relevant statutes, governing case law and key strategies for defending and defeating Florida non-compete agreements.  He uses this knowledge to represent clients throughout South Florida and beyond, including clients in Fort Lauderdale, Miami, West Palm Beach, Fort Myers, Orlando, Tampa and Jacksonville.  Jonathan is admitted in all Florida state and federal courts.

To read about recent developments in non-compete and trade secret litigation, visit Jonathan’s the non compete blog.  If you have received a cease and desist letter from your former employer or are facing the prospect of litigation for breaching a Florida non-compete agreement or misappropriating trade secrets, contact Fort Lauderdale attorney Jonathan Pollard to discuss your case.