So far, 2013 has been active for proposed non-compete legislation.
At the beginning of any calendar year, it's not surprising to see a number of bills introduced in state assemblies or legislatures - many of which have no…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 the first in a multi-part installment on the impact of trade secrets law on hydraulic fracturing.
If you've read the newspaper over the past year or so, fracking suddenly has become a household…more
I received a number of e-mails on my three-part series on settlements, which ran over the past few weeks.
Of those e-mails, several dealt with a topic I raised in Part 3 - accounting for the possibility of a settling…more
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
In January, I discussed Maryland's proposed Senate Bill 51, which (if passed) would ban certain non-compete agreements if an employee was deemed eligible to receive unemployment benefits…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 settle…more
On Monday, I offered several reasons why non-compete cases don't settle. Today I flip this concept around.
It is true most non-compete cases do settle, a reflection that business cases get resolved for pure economic…more
Every judge, lawyer, and litigant is probably familiar with the maxim that most civil cases settle. That's undoubtedly true. But some classes of suits are better positioned to settle than others. In non-compete and other…more
Readers of this blog know that I am an advocate of using liquidated damages clauses in non-compete agreements. Though not for every situation, they can help avoid the knotty problem of proving lost profits damages through…more
After last year's important Ninth Circuit decision from U.S. v. Nosal, I discussed my take on the ongoing debate within our federal courts over how to interpret the Computer Fraud and Abuse Act - and in particular, whether the…more
Non-compete disputes often follow a similar pattern. And part of that pattern involves the dreaded "cease-and-desist" letter.
These letters are precursors to litigation, and they can be either effective or damaging,…more
One of 2012's most important competition law cases involved the Ninth Circuit's decision in United States v. Nosal, which narrowly construed the Computer Fraud and Abuse Act. Nosal determined that an employee did not violate the…more
As readers of this blog may know, a few years ago I drafted Illinois' proposed Covenants Not to Compete Act.
Several legislators had determined, at that time, that a bill was necessary to regulate the use and enforcement…more
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