Hank Jackson provides clients over 20 years experience as a trial lawyer. He has received the highest rating assigned to lawyers by Martindale-Hubbell. Mr. Jackson uses his skill and experience to represent clients during all phases of litigation, including pre-suit advice and negotiation, discovery, mediation, arbitration, bench trial, jury trial and appeal. He is a certified civil mediator by the Florida Supreme Court.
As a partner in the Business Litigation Group in West Palm Beach, Mr. Jackson represents clients in the fields of medicine (hospitals, physicians, therapists, and suppliers), real estate (developers, lenders, and brokers), hospitality, agriculture, insurance, telecommunications, accounting, and various manufacturing. His cases typically involve a wide variety of claims, including breach of contract, interference with business relationships, fraud, negligence, misappropriation of trade secrets, unfair trade practices, trademark infringement, and breach of fiduciary duty.
He has experience in disputes among partners or members of legal entities such as partnerships, professional associations, limited partnerships, and limited liability companies. Mr. Jackson has also undertaken numerous representations concerning breach of real estate contracts as well as breach of fiduciary duties in the administration of trusts and estates.
Mr. Jackson has experience regarding non-competition restrictions and trade secret claims arising out of the sale of a business as well as employment relationships. These claims are typically litigated on an emergency or expedited basis and involve requests for injunctive relief. This type of litigation occurs in all industries, especially in connection with expanding national or regional companies that have grown through acquisitions. An early initial evaluation and the execution of a litigation strategy are critical in such cases. Mr. Jackson is frequently consulted by transactional attorneys to provide assistance and guidance in drafting non-competition agreements.
A representative sample of Mr. Jackson’s representations includes:
- Defending a large accounting firm against the plaintiff’s claim of an alleged joint venture and misappropriation of trade secrets (telecommunications technology). The estimated value of the trade secrets was well in excess of a hundred million dollars.
- Representation of a national therapy clinic against former employees and their newly created business that was operating in direct violation of the terms of their non-compete agreements. This included injunctive relief in U.S. District Court.
- Representation of several physicians who broke off from a large physician group practice. The issues involved included interpretation of the group’s operating agreement, distribution of profits, and the extent of non-competition restrictions.
- Representation of a major resort in a lawsuit brought by a plaintiff alleging an asset participation agreement entitling the plaintiff to a percentage of the sale price of the resort. This matter involves complex claims of breach of contract (including non-compete agreements), fraud, breach of fiduciary duty and defamation.
- Defending a national media company in a tortuous interference action brought against a plaintiff in connection with the enforcement of a non-compete agreements.
- Representation of a national marketing company and its chief executive in a lawsuit brought by the executive’s former employer. The former employer alleged violation of trade secrets and the pirating away of employees. This “bet the company” case involved extensive litigation in both State and Federal Court.
- Representation of a large building supply company that acquired a regional competitor. The former owner of the acquired company alleged that the acquisition agreement, including earn out provisions, were breached releasing him from any non-competition restrictions.
- Uniform Trade Secrets Act Protects Unpatented Machine Design, IP Update, December 2009
- Non-Competition Restrictions as Terms in Initial Offers under Buy/Sell Provisions – A Monkey Wrench: Florida Bar Journal, May 2008
- Employee Noncompetition Agreements – Will They Survive When the Employer is Acquired? Intellectual Property and Technology Newsletter, October 2003
- "Worker’s Compensation –Supervisory Employees are Immune from Tort Actions,” Note, 8 UALR Law Journal 523, (1985-86), reprinted in 10 Workmen’s Compensation Law Review 759 (1987) and 2 Nat. Ins. Law Review 393 (1987).
Publications
Speaking Engagements
- Commercial Litigation Panel, Palm Beach County Bar Association Bench and Bar Conference, 2008
- Restrictive Covenants in Florida: Drafting, Enforcing and Challenging Non-competition, Non-solicitation and other Restrictive Covenants, Web Seminar for Continuing Legal Education, February 2008
- Intellectual Property (Trade Secrets) BioScience Stakeholders Meeting / Business Development Board Inc. and Enterprise Florida. August 2005
- Deposition Discovery, Lorman’s Educational Services, November 2005
Recognition
- Martindale-Hubbell AV Rated
- Appellate Law Award, Legal Aid Society of Palm Beach County
- Award of Merit, National Center for Missing & Exploited Children
Education
- University of Arkansas, J.D. with honors
- University of Arkansas, B.A
- Phi Beta Kappa
Bar Admissions
- Florida
- Arkansas
Court Admissions
- U.S Appeals Court, Eleventh Circuit
- U.S. Appeals Court, Eighth Circuit
- U. S. District Court for the Southern District of Florida
- U. S. District Court for the Middle District of Florida
- U.S. District Court for the Eastern District of Arkansas
- U. S. District Court for the Western Districts of Arkansas
Affiliations
- Florida Bar Foundation, Fellow
- American Bar Association, Litigation Section
- Palm Beach County Bar Association, Civil Practice Committee and Judicial Relations Committee
- Legal Aid Society of Palm Beach County, Board of Directors