Jonathan Pollard is a trial lawyer and business litigation attorney based in Fort Lauderdale, Florida. He focuses his practice on competition, particularly cases involving non-compete, trade secret and antitrust disputes and represents clients in Florida and throughout the country.
He is licensed in all Florida federal and state courts and routinely represents clients in Fort Lauderdale, Miami, West Palm Beach, Fort Myers, Tampa, Orlando, and Jacksonville.
Non Compete Litigation Attorney
Jonathan Pollard is a trial lawyer and business litigation attorney based on Fort Lauderdale, Florida. He focuses his practice on defending non-compete and trade secret claims. Jonathan routinely represents doctors, corporate executives and other high level employees who are switching companies, or, who have started their own ventures. Beyond litigation, Jonathan advises employees, companies and business owners regarding restrictive covenant issues in connection with employment contracts, separation agreements, hiring decisions, the purchase or sale of business interests and the execution of commercial leases. Jonathan has been interviewed about non-compete issues by reporters from INC Magazine, the BBC and The Tampa Bay Times. He is licensed in all Florida federal and state courts and routinely represents clients in Miami, Fort Lauderdale, West Palm Beach, Fort Myers, Tampa, Orlando and Jacksonville.
Representative matters include:
- Representing medical supply company and its principals in prosecuting declaratory judgment action and defending non-compete counterclaims.
- Representing prominent geriatrics doctor in defending non-compete claims and prosecuting counterclaims based on unpaid bonus compensation.
- Representing prominent wine and spirits executive in successfully defending against non-compete litigation brought by his former company.
- Representing software developers and their new company in non-compete litigation against their former employer.
- Representing software sales executive in non-compete dispute with former company and negotiating favorable out-of-court settlement.
- Representing medical device sales executives in non-compete dispute with former company and negotiating favorable out-of-court resolution.
- Successfully appealing a preliminary injunction in a non-compete case to the United States Court of Appeals for the Eleventh Circuit.
Non Compete Agreements
Jonathan Pollard advises executives, directors, managers, doctors, business owners and corporations regarding non-compete issues. Jonathan assists high level employees with negotiating the terms of their non-compete agreements. Many non-compete problems can be avoided on the front end by negotiating for certain contractual concessions that will strengthen the employees position and make litigation less attractive to an employer. Jonathan also assists employees in negotiating the terms of their separation from their companies. It often is possible to resolve non-compete disputes and avoid litigation either through providing certain assurances or through buying out the non-compete agreement. Jonathan also advises business owners regarding non-compete agreements entered in connection with the sale of their businesses. Representative matters include:
- Advising Florida dentist in connection with non-compete issues and his purchase of a neighboring dental practice.
- Advising group of surgeons in connection with non-compete issues and the renegotiation of their employment contract.
- Advising numerous prominent physicians regarding non-compete issues in connection with switching practices.
- Advising medical equipment sales executives in connection with their launch of a new venture.
- Advising owner of respiratory therapy clinics in connection with sale of his interests in the company.
- Advising owners of staffing agency regarding non-compete issues in connection with new hires.
- Advising restaurant owner regarding restrictive covenants contained in commercial lease.
Trade Secrets Litigation
Jonathan Pollard represents companies and individuals in disputes involving misappropriation of trade secrets under Florida’s Uniform Trade Secrets Act (“FUTSA”). He represents both plaintiffs and defendants in all Florida state and federal courts including the United States District Courts for the Southern District of Florida, Middle District of Florida and Northern District of Florida. Jonathan has significant experience in high-level trade secrets litigation, including:
- Representing an intellectual property holding company, in a lawsuit for misappropriation of ideas related to the Oprah Winfrey Network in Sunset Concepts I.P. Firm LLC v. Discovery Communications Inc., Case. No. 1:13-cv-22005 (S.D.F.L.).
- Representing a Delaware-based media company and its principals in misappropriation of trade secrets litigation in American Registry, LLC v. Hanaw et al, (2:13-cv-00352) (M.D.F.L.).
- Representing a prominent geriatrics doctor in non-compete and trade secrets litigation against his former practice in Innovative Care v. Aldo Montes et. al. 13-022385) (Broward Complex Litigation Division).
Unfair Competition Attorney
Jonathan Pollard represents clients throughout the state of Florida in disputes involving unfair business practices such as antitrust, false advertising and racketeering. He represents both plaintiffs and defendants. Jonathan has litigated antitrust cases under Sections 1 and 2 of the Sherman Act, including cases touching upon complex issues such as price-fixing and patent misuse by a monopolist. In addition to his experience litigating antitrust cases, Jonathan also has litigated a variety of claims under the Lanham Act, including claims for trademark infringement, false advertising and cybersquatting.
- Representing a Pennsylvania-based consumer products company against industry giant Kimberly Clark in prosecuting antitrust counterclaims based on patent misuse in Kimberly Clark Worldwide, Inc. v. First Quality Baby Products, Case No. 1:09-CV-1685 (M.D. Pa.)
- Participating in the defense of American Express against antitrust claims filed by the United States government in connection with interchange fees in United State of America, et. al. v American Express Co., et. al, Case No. 10-4496 (E.D.N.Y.)
- Prosecuting Lanham Act claims for trademark infringement and false advertising by manufacturer of after-market car parts and accessories against former employee and industry rival in Racing Sports Concept, LLC v. Dickinson et. al., Case No. 13 – 20428 (S.D.F.L.)
- Assisting with the prosecution claims under the Anti-Cybersquatting Protection Act in Academy of Motion Pictures Arts and Sciences v. Godaddy.com Inc. et al., case No. 2:10-cv-03738, (C.D.Cal.)
In addition to focusing on competition law, Jonathan has a broad background in business litigation, generally. He has significant experience litigating routine common law claims such as negligence, fraud, breach of contract and breach of fiduciary duty and has tried both jury and bench trials to verdict. Representative matters include:
- Prosecuting negligence claims on behalf of Idaho-based biofuel company against escrow agent in connection with failed $7 million loan transaction
- Representing investor who lost $3 million in fraudulent real estate development scheme in prosecuting claims including fraud, civil theft and breach of fiduciary duty
- Representing restaurant owner in defending against commercial eviction and breach of contract claims