Jonathan Pollard is a trial lawyer and commercial litigator based in Fort Lauderdale, Florida who focuses his practice on competition law. Jonathan has extensive experience litigating a wide-range of competition claims, including non-compete, trade secret, trademark, false advertising and antitrust claims. He has tried both jury and bench trials to verdict and successfully prosecuted appeals in the Eleventh Circuit and Florida state appellate courts. He is licensed in Florida and all federal district courts in Florida.
Jonathan has been quoted on non-compete and trade secret issues in the Wall Street Journal, Bloomberg, FundFire, Digital Guardian, and more. He has appeared on a PBS NewsHour national segment on non-compete litigation. He has been quoted on issues of litigation strategy and trial practice by The Expert Institute. His articles have appeared in numerous publications including Litigation Commentary & Review, Law.com and Law360. He has taught continuing legal education courses on non-compete and trade secret litigation to other lawyers.
Jonathan both prosecutes and defends claims involving non-compete and non-solicitation agreements, but the overwhelmingly majority of his non-compete practice focuses on non-compete defense. Jonathan routinely represents doctors, corporate executives and other high level employees who are switching companies or who have started their own businesses. In this context, Jonathan often defends the departing employee while simultaneously defending the hiring company against claims of tortious interference. Outside of the employee context, Jonathan routinely represents individuals who have sold their businesses and agreed to certain restrictive covenants but who wish to reenter the market through a new venture.
In addition to litigating non-compete matters, Jonathan routinely advises both individuals and corporate entities on a broad range of related issues including employment contracts, employee poaching and raiding, separation agreements, hiring decisions, the purchase or sale of business interests and the execution of commercial leases.
Jonathan has extensive experience as an antitrust litigator and has both prosecuted and defended complex antitrust claims, including claims based on patent abuse. He has litigated numerous cases under both the Florida Antitrust Law (which encompasses the relevant sub-chapter governing non-compete agreements and valid restraints of trade) and the federal Sherman Act.
Trade Secret Litigation
Jonathan both prosecutes and defends claims for theft of trade secrets, often in connection with non-compete disputes. He routinely advises companies on potential exposure for theft of trade secrets in connection with hiring decisions or corporate raiding.
Representative non-compete matters include:
- Defending a medical gas company against non-compete and breach of fiduciary duty claims in Moon v. Medical Technology Associates, Case No. 13-cv-02782 (MDFL)
- Defending a prominent wine & spirits sales executive in non-compete litigation against his former company in Southern Wine & Spirits v. Simpkins, 10-cv-21136 (SDFL)
Representative trade secret matters include:
- Defending media technology company and its principals against claims of misappropriation of trade secrets in American Registry v. Hanaw, 13-cv-00352 (MDFL)
Representative antitrust matters include:
- Prosecuting antitrust claims related to patent abuse on behalf of a consumer products company in Kimberly Clark v. First Quality, 09-CV-1685 (MDPA)
Representative trademark matters include:
- Prosecuting Lanham Act claims for trademark infringement and false advertising against former employee and industry rival in Racing Sports Concepts v. Dickinson, Case No. 13 – 20428 (SDFL)
- Assisting with the prosecution claims under the Anti-Cybersquatting Protection Act in Academy of Motion Pictures Arts and Sciences v. Godaddy.com Inc., case No. 2:10-cv-03738, (CD Cal)
Recent decisions include:
- IDMWorks LLC v. Pophaly, 192 F. Supp. 3d 1335 (S.D. Fla. 2016) (denying preliminary injunction in non-compete case)
- West v. LQ Mgmt., LLC, 156 F. Supp. 3d 1361 (S.D. Fla. 2015) (denying summary judgment on 42 USC 1981 hotel discrimination claim)
- Evans v. Generic Solution Engineering, 2015 WL 6554429, (Fla. 5th DCA 2015) (vacating preliminary injunction in non-compete case)
- American Registry, LLC v. Hanaw et al, 2015 WL 5687693, (M.D. Fla. Sept. 25, 2015) (awarding defendants prevailing party attorney’s fees under FDUTPA in trade secret dispute)
- Moon v. Medical Technology Associates, 2015 WL 413347 (M.D. Fla. Jan. 30, 2015) (denying preliminary injunction on remand)
- Moon v. Medical Technology Associates, 577 F. App’x 934 (11th Cir. 2014) (vacating preliminary injunction in non-compete case)
- American Registry Hanaw, 2013 WL 6332971 (M.D. Fla. Dec. 5, 2013) (dismissing trade secret and FDUTPA claims under Twombly)
Substantive areas of interest include:
- Non-compete litigation
- Trade secret litigation
- The intersection of medicine and competition
- Non-compete agreements and antitrust
- Comparative law of restrictive covenants
- Employee poaching and raiding
- Choice of law and conflicts of law
- Restrictive covenants in commercial leases
Jonathan Pollard – Non Compete and Trade Secret Litigation Attorney
Prior to establishing his own practice, Jonathan spent three years at the law firm Boies, Schiller & Flexner where he represented numerous blue chip companies in complex commercial cases. Jonathan earned his B.A. from Cornell University, where he served as the President of the Cornell Speech & Debate Team, earning honors as a national finalist and an All-American. During his time at Cornell, Jonathan was named a College Scholar, awarded a research fellowship through the Andrew Mellon Foundation, and selected as an inaugural member of the Goldman Sachs Global Leaders Program. In his senior year, he was tapped by University leaders to represent Cornell in the Rhodes Scholar competition.
Jonathan earned his J.D. from Georgetown University, where he was awarded a Law Center Scholarship, served as an associate editor of the Georgetown Law Journal, and participated in the school’s asylum clinic. Throughout law school, Mr. Pollard served as a contributing writer for a number of legal publications, including The Hedge Fund Law Report and the Native American Report.
Prior to law school, Jonathan taught high school English in southwest Baltimore, Maryland.