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Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more

Federal Regulators Taking Aim at Anti-Competitive Employment Practices

Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. These restrictive covenants come in three forms: “non-competition,” “non-solicitation,” and...more

Alabama’s New Non-Compete Statute: Are You Ready For New Year’s Day?

Those involved in drafting, negotiating, or litigating covenants-not-to-compete in Alabama have long known that Alabama’s statute books seldom provide ready answers on this particular topic. The text of current Alabama Code...more

Be Careful What You Ask for: Selecting Forums for Arbitration

On October 2, 2014, the United States Court of Appeals for the Eleventh Circuit rendered its decision in Inetianbor v. CashCall, Inc. Although this case did not involve a non-compete agreement, the Eleventh Circuit’s guidance...more

Obtaining Enforceable Non-Compete Agreements: Timing And Geography Matter

Last month, a federal judge in Mobile, Alabama denied an employer’s request for a preliminary injunction seeking to stop that employer’s former employee from working for an alleged competitor. See Dawson v. Ameritox, Ltd.,...more

The Supreme Court’s Atlantic Marine Decision And Its Implications For Non-Compete Litigation

On December 3, 2013, the Supreme Court issued a unanimous opinion in Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas. The facts in Atlantic Marine did not involve a...more

Liquidated Damages And Non-Competes

In many disputes over non-competition agreements, the litigation focuses on obtaining the temporary restraining order and/or preliminary injunction to stop the competition before the real damage is done....more

Non-Compete Agreements Survive Labor Board Scrutiny — For Now

The National Labor Relations Act (the “NLRA”) has always applied to both unionized and non-unionized workplaces. However, one of the priorities of President Obama’s appointees to the National Labor Relations Board (the...more

Litigation Risks From Job Applicants With Non-Compete Agreements

When a job applicant discloses a non-compete agreement with a former employer, the prospective employer may already be aware that, if the applicant is hired, the former employer might sue for “tortious interference.” ...more

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