Pollard PLLC Beats Holland & Knight’s Bid for Summary Judgment in Energy Hauling Non-Compete Dispute

Pollard PLLC has won another victory, this time defeating mega-firm Holland & Knight's bid for partial summary judgment in a complex non-compete and trade secret case.  The case is currently pending in the United States District Court for the Middle District of Florida - Tampa Division and involves rival energy trucking companies. The facts, as alleged, are fairly straightforward:  Lucky Cousins Trucking became a sub-hauler for the conglomerate QCER, which specializes in transporting oil and gas.  QCER terminated the parties' sub-hauling agreement alleging that Lucky had engaged in "intentional misconduct and fraudulent acts."  Lucky was potentially subject to various restrictive…

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Pollard Honored by Super Lawyers for 2nd Year in a Row

Fort Lauderdale competition lawyer Jonathan Pollard has been selected as a Rising Star by Super Lawyers for the second consecutive year.  Pollard, principal of Pollard PLLC, focuses his practice on non-compete, trade secret and trademark litigation. Pollard began his career at the litigation powerhouse Boies, Schiller & Flexner and launched his own practice five years ago.  Since that time, he has racked up a string of significant victories in complex non-compete and trade secret disputes and beyond.  Notable results include: Silva et. al. v. Nightingale Nurses, LLC, Case No. 4D17-0032 (Fla. 4th DCA 2017) (granting stay of injunction and contempt…

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Pollard Speaks on Defend Trade Secrets Act at National Bar Association Conference

On Saturday, February 25, 2017, Jonathan Pollard, Principal of Pollard PLLC, spoke on the Defend Trade Secrets Act of 2016 at the National Bar Association's 30th Annual Corporate Counsel Conference in Atlanta.  Pollard was part of a panel discussion entitled How the Defend Trade Secrets Act of 2016 Affects Your Employment Agreements."  The panel was moderated by prominent litigator David Long-Daniels, Co-Chair of Greenberg Traurig LLP's Global Labor & Employment Practice.  Other panelists included Danielle Ochs, a partner at Ogletree Deakins; Antonio Robinson, Counsel at Carter's Inc.; and Corie Pauling, Senior Director and Associate General Counsel at TIAA (and formerly…

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Pollard Defeats Motion to Dismiss Lanham Act False Advertising Claims

In the latest chapter of an ongoing dispute between two medical staffing companies, a federal judge has denied a motion to dismiss firm client MedTemps' false advertising lawsuit against an industry rival.  Since approximately June 2016, Delray Beach based MedTemps has been embroiled in multi-front litigation against Boca Raton based Nightingale Nurses. The companies have a long and ugly history together:  MedTemps's founder and majority owner formerly worked for Nightingale and MedTemps has hired various Nightingale employees, some of whom have non-compete agreements.  In June, in connection with contempt proceedings against a former employee who went to work for MedTemps,…

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Pollard PLLC Wins Appellate Stay in Massive Nurse Staffing Non-Compete Fight

On Tuesday, Pollard PLLC won a stay pending appeal from Florida's 4th District Court of Appeal.   The underlying case raises a number of important issues related to Florida non-compete law, tortious interference, agreed injunctions, due process, and contempt proceedings.  The facts are relatively straight-forward:  Firm client ESP Systems d/b/a MedTemps is a nurse staffing company.  MedTemps hired an independent contractor who was subject to a non-compete agreement with his former employer, Nightingale Nurses, also a nurse staffing company. Nightingale sued the former employee and that case was quickly resolved via an agreed injunction.  The problem:  That employee kept working for…

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Pollard PLLC Defeats Bid to Send $2 Million Financing Dispute to Arbitration

Pollard PLLC has defeated a bid to send a financing dispute over approximately $2 million to arbitration.  The dispute arose out of a series of loan transactions via which firm client ES American Finance ("ESAF") loaned $2.8 million to a company called Paytoo.  Paytoo is a mobile wallet solution. According to the complaint filed in November, Paytoo had repaid a $1 million promissory note to ESAF, but failed to repay $1.8 million loaned under various other Investor Financing Agreements.  The complaint also alleged that Paytoo had failed to provide an accounting and failed to pay out a contractually obligated profit…

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Pollard PLLC Welcomes Another Attorney to the Firm

Pollard PLLC continues to add additional attorneys in South Florida and is pleased to announce that attorney David Yaffee has joined the firm.  David earned his B.A. from the University of Central Florida.  He earned his J.D. from Florida State University College of Law in 2016 where he graduated Magna Cum Laude, ranked 10th in his class and won numerous book awards in intellectual property courses.   Committed to public service, Mr. Yaffe was also the recipient of the law school's Distinguished Pro Bono Service Certificate. Pollard PLLC is a litigation boutique based in Fort Lauderdale, Florida and focused on…

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Geo Group f/k/a Wackenhut in Ugly Non-Compete Fight (Pollard PLLC Defending)

Pollard PLLC has been retained to defend yet another David vs. Goliath non-compete and trade secret case, this time in a dispute involving GEO Group --- one of the nation’s largest for-profit prison operators. GEO Group, formerly known as Wackenhut Corrections Corporation, has a history of litigation, usually as the defendant.  But this time, GEO is the plaintiff alleging unfair competition against a former top-level employee and industry rival. GEO Group acquired Correctional Services Corporation in 2005, and then Cornell Companies in 2009. In 2011, GEO Group acquired a subsidiary, BI, which is a provider of monitoring and supervision services…

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Pollard PLLC Defeats Injunction in Energy Transport Non-Compete Dispute

Pollard PLLC successfully defeated a preliminary injunction in a non-compete case – this time, in a dispute involving the energy transportation industry. The case comes out of the United States District Court for the Middle District of Florida - Tampa Division.  The plaintiffs, Tampa, Florida-based QC Energy Resources Texas, LLC, QC Energy Resources, LLC, QC Energy Resources, Inc., and Quality Carriers, Inc. (QCER), filed a motion for preliminary injunction against the defendants, Lucky Cousins Trucking, Inc., Givo Younani and Skyline Transport Group, LLC. On July 28, the court issued an order denying the preliminary injunction. Founded by Younani in 2011,…

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Pollard Quoted in Modern Healthcare on Physician Non-Competes

  Fort Lauderdale competition lawyer Jonathan Pollard recently weighed in on physician non-competes in a Modern Healthcare article. A reputable source in healthcare business news, Modern Healthcare reaches 70,000 readers weekly. The article explored the recent increase in physician non-compete disputes. According to a 2016 U.S. Department of the Treasury report, nearly 40 percent of American workers have signed a non-compete agreement upon employment. In 2013, the Wall Street Journal reported that the amount of non-compete litigation in U.S. courts has risen 61 percent since 2002. With a growing amount of litigation over non-compete agreements, physician non-compete disputes have become commonplace…

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