The Florida Supreme Court ruled last week that referral sources in the home healthcare industry can be protected legitimate business interests under the state law governing non-compete agreements, thus finding enforceable such a restriction on a former marketing employee who left for a competitor.
Although the Florida statute in question (542.335) does not specifically list “referral sources” as one of the five categories of business interests subject to protection, the Court notes that those enumerated categories are prefaced by the phrase “including, but not limited ...
In a very thorough analysis following a 3 day Preliminary Injunction hearing Judge Jed Rakoff declined to issue injunctive relief to a former employer seeking to enjoin four former employees and their new employer from competing or from soliciting clients or employees. The decision is far ranging in the employee movement context touching upon inadvertent retention of confidential information, the propriety of new employers providing broad indemnifications and large signing bonuses to the recruits, and the scope of allowable “preparatory conduct” in a one year non-compete ...
Rarely do we see punitive damages being awarded in cases involving the movement of employees and information between firms. The Superior Court of Pennsylvania last week affirmed a punitive damage award granted by a Judge of the Court of Common Pleas in such a matter, albeit which also found tort liability against the new employer and the five former employees.
The decision in B.G. Balmer & Co., Inc. v. Frank Crystal & Co. Inc., et al. sets forth a classic example of “bad leavers” and a complicit new employer. Confidential information concerning clients was copied and given to the ...
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Recent Updates
- Spilling Secrets Podcast: Can FTC’s Non-Compete Ban Survive Without Chevron Deference?
- Teeing-Up a Circuit Split on the FTC’s Noncompete Rule: Pennsylvania Judge Diametrically Opposes Earlier Decision by Texas Judge
- Pennsylvania Passes Law Limiting Use of Noncompetes for Health Care Practitioners
- Plaintiffs in Ryan Case Seek Nationwide Injunction of FTC Noncompete Rule; U.S. Chamber of Commerce Also Seeks Associational Standing
- Federal Court Denies Plaintiffs’ Motion for Reconsideration Seeking Expanded Scope of Injunction Staying the FTC’s Noncompete Rule