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Jonathan Edgar Pollard

Jonathan Pollard’s Answers

395 total


  • Can the seller of my current business open a business close by with the same name?

    His new clinic is outside the non compete distance but still close enough (19 miles) to interfere with operations.

    Jonathan’s Answer

    It mainly depends on the terms of the contract. In the sale of a business context, you have a non-compete for a certain radius. Based on the facts you've provided, the seller's new business is outside of that radius. That said, there could still be a violation of the sale agreement. Specifically, if you purchased the business, you also acquired the right to the business name. If the seller has a new business using the same name, then it may constitute a breach of the agreement. Beyond this, it could also be a violation of the Lanham (Trademark) Act.

    Bottom line: You should retain an attorney to evaluate the facts and the sale agreement and give you your options.

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  • What legal rights do we have as a MARINA, when the customer stops paying his boat storage bill?

    Because a boat is titled in the State of Florida, what recourse do we have when a boat has been sitting in storage for a significant period of time without receiving compensation from the customer. If the customer is not going to pay is one thin...

    Jonathan’s Answer

    1. Your contract controls. If your contract does not build in protections for this type of event (i.e. give you the right to seize the boat), then you should have your contracts revised.

    2. Sue. Suing should get the other side's attention. If it doesn't and if they fail to respond, quickly get a default judgment and execute on the boat (which will hopefully still be in your possession).

    3. In connection with 2, you may have a warehouse lien under Florida Statutes 677.210. The warehouse lien issue is a highly technical one, so you should have an attorney evaluate that for you.

    Bottom line: Hire an attorney.

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  • Non-Compete/Soliciting Agreement?

    I am running into a situation here with NCA. I recently moved to full time position for the client where I used to work as a contractor. But my consulting company is threatening me to have some legal issues because they said I breached the contrac...

    Jonathan’s Answer

    You need to immediately retain a lawyer who has experience litigating non-compete matters. Contrary to popular belief, Florida routinely enforces non-compete agreements and is aggressively pro non-compete. Yes, there are exceptions. Yes, it is possible to defend non-compete cases based on lack of a legitimate business interest. But in order to mount any such defense, you need a lawyer to step in and put together the argument.

    In many instances, it is possible to resolve non-compete disputes before there is any litigation. Often, if you receive a cease & desist letter, a strong response to that letter can convince the other side to back down. It all depends on the specific facts.

    At this point, you need to hire a lawyer. But if you want to do some more independent research into Florida non-compete law, this is a good resource: www.floridanoncompetelawyers.com

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  • If one was terminated while going through cancer treatments and knowing their manager was doing an unlawful act

    Reported to state board be able to sue company and or manager.

    Jonathan’s Answer

    You raise two issues: The first is being fired while undergoing cancer treatment. The second relates to illegal conduct by a manager. On the first point: You may have been terminated in violation of the Family & Medical Leave Act, depending on whether or not the company is covered by the act. Second, if you were fired because you complained about a manager's illegal conduct or refused to go along with that illegal conduct, then you have have a claim under Florida's state whistleblower law. Consult with an employment lawyer about your options.

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  • Is it possible to nullify a non disclosure agreement I signed to design product of an idea for a client 3 years ago?

    I signed a non disclosure agreement for an idea a client had for a waste management product. I designed and produced the product and was paid within 3 months. He was supposed to take the product to patent but has since dropped the idea and isn't p...

    Jonathan’s Answer

    Bottom line: You need to provide the non-disclosure agreement and all of the pertinent background facts to an attorney who does work in this area. This is not the sort of question for which you can get an accurate, reliable answer in this sort of forum. Consult with an attorney. That said, I'll note that if he filed anything with the PTO (even if he ultimately abandoned the patent), then there's a very strong likelihood that the the concept, design etc has already been disclosed. Talk with your lawyer.

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  • I gave a contractor $55,000 deposit.Construction loan was denied. No work started. Won't return deposit.

    no work was started only house plans drawn up.

    Jonathan’s Answer

    It depends on the contract. You could potentially have claims for breach of contract and conversion. Bottom line: Have a lawyer review the contract and the background facts and determine your best options.

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  • How much to appeal?

    I sued by old business partner for his violation of our contract. I got a summary judgement against me. How soon can I appeal and what do lawyer's charge to handle an appeal case?

    Jonathan’s Answer

    First, before you decide that an appeal is necessary, you should sit down and consult with an attorney who has experience prosecuting appeals. There are lots of attorneys who will gladly represent you and take your money, regardless of your chances of success. But depending on the facts, the best advice could be counseling you against wasting time and money on an appeal.

    That said, if you have strong grounds for an appeal: You need to file a notice of appeal within 30 days. If you are taking an appeal out of St. Augustine and the 7th Judicial Circuit, you will be appealing to the Fifth District Court of Appeal. In my view, the 5th DCA is a very good appellate court. We have an appeal pending there right now.

    In terms of cost: Cost depends on the complexity of the case. Appealing from a grant of summary judgment generally is less complicated and less costly than appealing after trial. Look for an attorney who will handle the appeal on a flat rate. You will still have to pay costs (e.g., filing fee, preparation of the record, cost of transcripts, etc). But you should be able to find an attorney who will handle all of the legal work on the appeal for a fixed dollar amount. From my perspective, as an attorney, we have handled appeals and entire cases on a flat fee basis. It often works out better for both the attorney and the client.

    Good luck.

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  • Potential Copyright Infringement-Intellectual Property-Trade Secrets Case. Thank You!

    My claims seem to meet the main criteria for contingency fee representation. I'm a small biz who'd be going against a lg, franchise company (my past client) who I'm claiming isn't using my written materials (copyrighted with govt’) in according to...

    Jonathan’s Answer

    You should definitely speak with an attorney. That said, I note the following: If something is copywritten or patented, then it is in the public domain and therefore does not constitute a trade secret.

    So, it appears that your primary claim would be for copyright infringement, depending on whether or not the facts support that claim. You may also have claims under FDUTPA for unfair and/or deceptive trade practices.

    With respect to jurisdictional issues: If the company has franchises in Florida, then it is subject to jurisdiction in Florida. You have the option of suing them here in federal court, provided that you did not enter a contract with them providing for venue and forum elsewhere.

    Bottom line: Speak with a lawyer, provide them all of the relevant information and have them evaluate your options.

    Good luck.

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  • Filed a discrimination complaint against my former employer received a letter from the EEOC justifying my claim.

    The deadline to act on my claim is July 2015 same employer let me go while out on medical leave for my fathers death is there anything i can do have been thru numerous managers due to discrimination

    Jonathan’s Answer

    It sounds like you received your Notice of Right to Sue. You have 90 days from the date of that notice to file a lawsuit. Based on the facts laid out above, you may have both a discrimination claim and a claim for violation(s) of the Family and Medical Leave Act (depending on the whether or not the company is covered by the FMLA).

    Bottom line: Consult with an employment law attorney about your claim.

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