Pollard Releases Non-Compete Abuse Watch List for 2018

Fort Lauderdale, Florida — Competition lawyer Jonathan Pollard is continuing his long-running fight against non-compete abuse by major corporations. And he’s winning. Pollard and his firm, Pollard PLLC, have an extensive track record of fighting cases across multiple industries. The firm represents employees ranging from factory workers who make $10 an hour to C-level executives of publicly traded companies.

According to Pollard, “There was an era between roughly 1995 and 2012 when Florida courts were aggressively pro non-compete. In my opinion, they rubber-stamped preliminary injunctions. But there’s been a small shift over the past five years. Florida is still a pro-non-compete jurisdiction. But we’re changing the law. We’re restoring the law to what it was supposed to be and to what the legislature intended.”

Indeed, over the past five years, Pollard and his growing firm have racked up a string of significant victories in non-compete cases. Pollard has won multiple appeals in Florida appellate courts and the United States Court of Appeals for the Eleventh Circuit. He has recent major decisions out of the United States District Courts for the Southern and Middle Districts of Florida. This says nothing of his numerous trial court victories in Broward and Palm Beach County, a big win in Pennsylvania state court, and a $1 million arbitration award in a non-compete and partnership dispute. Pollard and his team routinely beat billion dollar, publicly traded companies that are represented by massive law firms.

It’s all in a days work for Pollard, who routinely shows up in national media, especially on non-compete issues. Pollard has recently appeared in Law360, Inc. Magazine, Bloomberg, the Wall Street Journal, Digital Guardian, FundFire, and on PBS NewsHour.

Heading into 2018, Pollard has released what he calls his Non-Compete Abuse Watch List. According to Pollard, “These are companies that I believe abuse non-compete agreements. Many of them use incredibly aggressive non-compete agreements that, in my opinion, are unenforceable as written. They’re not seeking to protect a legitimate business interest. They’re just trying to prevent ordinary competition. Using a non-compete to prevent ordinary competition is illegal. It’s antitrust.” Pollard’s list (which he plans to update all year) is below:

1. #Adecco, Special Counsel and Parker Lynch – Same family of companies. All of them use non-compete agreements in the recruiting and staffing space. 95% of the time, non-compete agreements in recruiting and staffing are unenforceable as long as the departing employee doesn’t poach exclusive relationships or steal confidential information. 

2. #Lifeshare – Shared living/foster care space. Lifeshare makes volunteer foster parents sign non-compete agreements. It’s absurd. They’re on my hit list. I’m in litigation with them now. 

3. Meridian Trust – Fort Lauderdale, FL based real estate investment company. Has aggressive non-competes. Because buying and selling real estate is such a proprietary concept. 

4. #Stryker – Medical device sales does not involve any confidential, proprietary information or any exclusive customer relationships. Stryker has been getting a pass on bogus non-competes for years. They’re on my hit list. 

5. #CREFCO – Mortgage brokers. Because answering phones and trying to sell mortgages is such a proprietary concept. 

6. #FirstService Residential – Property management giant ($2.3 billion) with a dramatically overbroad, abusive non-compete. 

7. Robert Half – Staffing and recruiting. Similar to Adecco framework above.

Some question Pollard’s willingness to openly declare his vendetta against specific companies, especially against billion dollar companies that have deep pockets and massive resources. Pollard dismisses those concerns out of hand: “Money doesn’t make you right. You can’t buy the law. At least that’s how it’s supposed to work. These companies are abusing non-compete agreements. It’s wrong. And I plan on doing something about it. Companies like Adecco and Stryker– They already know I’m coming for them. Maybe that will give them an incentive to clean up their act. But I doubt it.”

Pollard PLLC is a litigation boutique based in Fort Lauderdale, Florida and focused on competition law. The firm and its attorneys have extensive experience litigating and arbitrating complex non-compete, trade secret, trademark, antitrust and other competition claims. For more information, please call their office at 954-332-2380.

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