Last month, the Illinois Bar Journal published a feature article I wrote called "Non-Traditional Non-Competes: Designing Non-Competition Agreements to Hold Up in Court."...more
One of the defining characteristics of a state's non-compete law is its application of the blue-pencil rule. Although several variations of the rule exist, states generally fall into one of two camps: those that readily...more
One of the most frequently asked questions I get when advising clients is deceptively complex:
What does it mean to solicit a client?...more
When the Appellate Court of Illinois ruled in Fifield v. Premier Dealer Services, Inc. that an employer needed to provide consideration beyond mere employment itself to validate a non-compete, most business (read:...more
When the Georgia General Assembly passed the Restrictive Covenant Act in 2009, it substantially changed the playing field between employers and employees. Under the common law, it was exceedingly difficult for employers to...more
As readers of this blog may know, the "inevitable disclosure" doctrine is a theory of trade secrets misappropriation.
A plaintiff need not show either actual or threatened misappropriation if it can prove that it's...more
By the time you read this blog post, it's like to be outdated. Such is the fast-paced world of professional sports, and the insane coaching carousel we see every year (but particularly this year in the National Basketball...more
Hat-tip to Josh Salinas at Seyfarth Shaw for his fine analysis of new Oklahoma legislation that chips away at some prohibitions on restrictive covenants.
Oklahoma is one of three red-flag states that generally prohibit...more
By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious....more
The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more
This is largely a plaintiff-centric column, offering some practical points to consider when assessing the risk of bankruptcy in connection with non-compete (or other competition) litigation. Though many non-compete suits...more
Readers know from prior posts that Georgia is one of the "red-flag" states when it comes to non-compete disputes....more
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