- 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.
- 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 ContractThe Federal Trade Commission (“FTC”) has proposed a new rule which would prevent employers from placing employees under non-compete restrictions. Introduced on January 5, 2023, the proposed rule defines a non-compete as “a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the worker’s employment with the employer.” Such provisions, often coupled with confidentiality clauses in standard employment agreements, are considered to be instrumental in protecting intellectual property, particularly an array of trade secrets from customer lists to manufacturing processes, to prevent employees from transferring proprietary knowledge to a competing business. While several states have already banned non-compete restrictions, they remain legal under Florida law if reasonable in accordance with various guidelines from the statute and case law. The FTC rule would supersede state statutes to the contrary.
- 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.