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Are Non-Competition Agreements Enforceable?
Depending on your business and the nature of your employees’ responsibilities, you may consider using non-competition agreements to prevent your employees from going to work for a competing business nearby. When I suggest this to clients, I am almost always asked whether these agreements are really enforceable. There seems to be a widespread belief that…
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You Think You Belong In Federal Court? Are You Sure?
Getting a complex business dispute into Federal Court can be the best decision for both the lawyer and the client. The more stringent rules and schedules keep your case on track. The judges are of the highest caliber. The courthouse itself is more majestic. You won’t be crammed into a narrow hallway filled with lawyers,…
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I MADE A TERRIBLE MISTAKE. CAN I GET OUT OF MY CONTRACT?
Imagine this. You are on your honeymoon cruise. You visit the on-board jewelry store and see they have some beautiful diamonds. But they don’t have exactly what you want. So, you ask if they have something that meets your very specific requirements. You want a 15-20 carat diamond, emerald cut, high quality, color D, E,…
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Music May Tame The Savage Beast, But It Won’t Resolve Corporate Disputes
Although the music never stopped, a recent opinion from Florida’s Third District Court of Appeal proves that the music business is just that – a business. Thus, while hundreds of thousands of delirious EDM fans descended on Miami for the Ultra Music Festival©, few, if any, knew of the turmoil taking place behind the scenes…
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When Is Skim Milk Not Skim Milk? A Case Study On Commercial Free Speech Rights
On Monday, the United States Eleventh Circuit Court of Appeals issued another interesting opinion addressing commercial free speech rights in Ocheesee Creamery LLC v. Putnam, Case No. 16-12049 (11th Cir. March 20, 2017). Just last month, in Wollschlaeger v. State of Florida, the same Court upheld physician free speech rights when it overturned a Florida…
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Eleventh Circuit Upholds Physicians’ Free Speech Rights, Strikes Down Florida Law Prohibiting Doctors From Discussing Firearm Ownership
The United States Eleventh Circuit Court of Appeals issued a landmark decision today in Wollschlaeger v. Governor, State of Florida. The case was brought by several physicians challenging Florida’s Firearm Owner’s Protection Act. The law prohibited doctors from speaking with their patients about firearm ownership and firearm safety, despite recommendations from medical associations advising that…