- Restraining OrderThe Firm takes a strategic and pragmatic approach in every case, representing both Plaintiffs and Defendants. Each and every Dispute and Litigation will require a unique strategy in accordance with a client’s goals. Whether the matter calls for aggressive litigation, emergency action involving Temporary Restraining Orders and Preliminary Injunctions, strict adherence to a limited budget for legal expenses, mediation and alternative dispute resolution, or negotiation of creative out-of-court settlement terms, the Firm’s attorneys have experience achieving favorable outcomes for individuals, small companies, and large entities and institutions. The Firm is also panel counsel for insurance companies that call upon the Firm to serve as appointed counsel to insured parties involved in Intellectual Property Litigation.
- Business FormationAccording to the FTC, the non-compete ban aims to “protect[] the fundamental freedom of workers to change jobs, increas[e] innovation, and foster[] new business formation.” Further, the FTC suggests that the Rule will “ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to the market.” The Rule goes so far as to require employers to inform employees that they are released from their non-competes.
- Intellectual PropertyRobert M. Downey has been a Registered Patent Attorney in Boca Raton since 1993. In 2020, Mr. Downey joined the Firm as of-counsel and is now the senior attorney in the Boca Raton office. Meredith Frank Mendez, the resident partner in the Boca Raton office, offers decades of experience Intellectual Property Litigation, Trademark Prosecution, Copyright Law and Entertainment Law. Keith J. Kanouse, a nationally recognized Franchise Law attorney who has served clients from offices in Boca Raton for forty years, joined the Firm as of-counsel in 2023. With the assistance of W. John Eagan, also a Registered Patent Attorney, and associate Tyler Litwak liaising with the Miami and Jacksonville office, the full scope of the Firm’s expertise is conveniently accessible to Palm Beach County and the surrounding areas.
- Employment ContractBy way of background, non-compete language is commonplace in countless types of contracts, especially employment agreements and franchise agreements, but also a wide of other contractual relationships. Non-competes typically prevent accepting a new position with a competing company after termination of employment or starting/continuing a competing business after termination of a franchise agreement, usually for a set period of time within a defined geographical area. The stated motives behind non-compete clauses are usually to protect the investment in the employee or franchisee, as well as the intellectual property and other confidential and proprietary information disclosed during the relationship, but such agreements also discourage departures from an employer or franchise system.
- Non-compete AgreementWhen addressing any IP issue, the Firm’s attorneys take a genuine interest in learning about the client and a wide range of surrounding facts and circumstances. Based upon that familiarity, in addition to addressing the particular IP matter at hand, the Firm routinely provides a larger review of related issues, the client’s overall IP landscape, an array of recommendations, cautionary notes, and a full explanation of the IP rights and options to enable the client to make informed decisions. For example, an initial client meeting about a Patent for a new product may result in discussions about quieting IP ownership issues with an outside engineer, drafting a non-disclosure agreement to introduce the product to prospective buyers, and applying to register a Trademark for the product. As the relationship develops over time and the client’s needs evolve, further General IP Counseling may reach issues of Copyright protection for product images, the need for employee non-compete agreements, critical contractual terms with a website developer, and the best approaches to securing International IP before critical deadlines. This holistic approach is designed to provide all clients with the benefit of the Firm’s decades of experience as IP counsel to entrepreneurs, small businesses, leading corporations, and research universities in the U.S. and worldwide, across a broad range of industries and technologies.