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You Can't Reverse Blue-Pencil a Non-Compete

By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious....more

5/14/2013 - Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants

When a Restriction on Soliciting "Prospective" Customers Is Unreasonable (and How to Fix It)

One of the most common drafting errors in non-solicitation covenants - clauses that limit customers to whom competitive services may be offered - is the reach to whom it applies. In concept, the idea of a customer...more

4/26/2013 - Contract Drafting Non-Solicitation Agreements

Minnesota Legislation Would Ban Most Non-Competes

About a month ago, a proposed bill was introduced in the Minnesota House of Representatives that would dramatically impact non-compete law in that state. ...more

3/7/2013 - Non-Compete Agreements Non-Solicitation Agreements Proposed Legislation

IBM Suit Over Corporate Raiding Illustrates Use of Social Media Evidence

IBM has launched an assault against Virginia-based competitor, Computer Sciences Corporation, charging it with instituting a raid on its Finance Department through a departed IBM executive, Christopher Greiner. ...more

2/1/2013 - Computer Science Corporation Evidence IBM Non-Compete Agreements Non-Solicitation Agreements Social Media Unfair or Deceptive Trade Practices

Tait Graves Asks: Do Non-Competes Appropriately Regulate Intellectual Property?

For those of you interested in the academic side of non-compete agreements, the article I have embedded with this post is a must-read....more

1/28/2013 - Misappropriation Non-Compete Agreements Non-Solicitation Agreements Trade Secrets

Maryland Legislation Would Ban Certain Non-Competes

Many of you likely have been clamoring for an update on what's happening in the Maryland legislature. So here goes...more

1/14/2013 - Non-Compete Agreements Non-Solicitation Agreements Unemployment Benefits Unemployment Insurance

Playing the California Card Doesn't Always Work

Anyone familiar with non-competes knows that California is somewhat of an outlier state. Non-compete agreements, even non-solicitation agreements, are highly disfavored and almost always unenforceable except within a narrow...more

1/12/2013 - Aon Risk Services Choice-of-Law Forum Selection Clause Non-Compete Agreements Non-Solicitation Agreements Venue

Type of Nonsolicitation Clause May Influence Proper Venue

In the past, I have assiduously avoided discussion of venue and jurisdiction disputes. These arise with alarming frequency in non-compete litigation. By and large, they are dull and uninteresting topics that only lawyers can...more

12/26/2012 - Jurisdiction Non-Compete Agreements Non-Solicitation Agreements Venue

Type of Nonsolicitation Clause May Influence Proper Venue

In the past, I have assiduously avoided discussion of venue and jurisdiction disputes. These arise with alarming frequency in non-compete litigation. By and large, they are dull and uninteresting topics that only lawyers can...more

12/26/2012 - Jurisdiction Non-Compete Agreements Non-Solicitation Agreements Venue

Type of Nonsolicitation Clause May Influence Proper Venue

In the past, I have assiduously avoided discussion of venue and jurisdiction disputes. These arise with alarming frequency in non-compete litigation. By and large, they are dull and uninteresting topics that only lawyers can...more

12/26/2012 - Choice-of-Law Forum Selection Clause Jurisdiction Non-Solicitation Agreements Third-Party Transfer of Venue Venue Witness

Pennsylvania Court Rejects Sherman Act Challenge to Non-Solicitation Agreement

A while back, I posted on EBay's current dispute with the Department of Justice over a no-poaching agreement it had with Intuit concerning the companies' tacit understanding not to poach management level employees. The...more

12/6/2012 - Anti-Competitive Consol Energy Non-Solicitation Agreements Select Medical Sherman Act Staffing Agencies

The "I'm Too Busy Edition": Non-Compete Case Law Update

I swear I try to multi-task. But it's not easy. Running a law firm, being a husband, being a dad (!), tending to a completely out-of-control garden, and actually practicing law sometimes creates the perfect storm where I...more

8/13/2012 - Assignments At-Will Employment Employment Contract Franchise Agreements Injunctions Non-Solicitation Agreements Restraining Orders Restrictive Covenants Trade Secrets

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