News & Analysis as of

Consideration

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

District Court Rules Plaintiff Failed To Plead Real Estate Investment Was A “Security”

by Allen Matkins on

Both the Securities Act of 1933 and the California Corporate Securities Law of 1968 provide similar, but not the same, definitions of a “security”. See Making A List Of Securities And Checking It Twice. Although these lists...more

Alert: Never "Got Around" to Signing Your Pre-Nup? It May Not Be Too Late!

by Pullman & Comley, LLC on

Many couples consider (or should consider) signing a prenuptial agreement before they are married, but avoid raising the issue or resist the idea. They may fear a negative reaction by their intended, or the couple is “so in...more

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

by Bennett Jones LLP on

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

2017 Proposed State Legislation

by Payne & Fears on

A number of bills currently before the Nevada Legislature will affect employers if signed into law. The following summarizes these bills as they have been introduced....more

Director ordered to pay compensation for divesting company assets

by Dentons on

A director can be ordered to pay compensation to a company for divesting the company of its assets, even though that director received no direct benefit. This occurred recently in Brentwood Village Ltd (in liquidation) v...more

Here We Go Again: Massachusetts Non-Compete Legislation Back in Play

As we previously reported, the Massachusetts House and Senate passed contrasting versions of non-compete reform bills in 2016 but were unable to come to an agreement by the end of the legislative session. Efforts began anew...more

Commercial Division Refuses to Disturb Judgment Based On “Newly Discovered” Evidence That Was Available in Russian Public Records...

What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment? On December 7, 2016, in Alexander Gliklad v....more

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

by Seyfarth Shaw LLP on

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment

A business dispute in Michigan may provide insight into the consideration required to support a noncompete contract restricting future employment. Innovation Ventures, LLC v. Liquid Manufacturing, LLC, No. 150591, Michigan...more

Enforcing Personal Guaranties

by Murtha Cullina on

You might wonder whether lenders can enforce a guaranty of a loan from an individual or entity that has no formal connection with the borrower, i.e. someone who is not an owner or affiliated company. Generally, the answer is...more

Where’s My %$^&# Dollar?

The issue of consideration in an assignment is always in the background, but only occasionally comes up. In Memorylink Corp. v. Motorola Solutions, Inc., 773 F.3d 1266, 113 USPQ2d 1088 (Fed. Cir. 2014), the Federal Circuit...more

One Step Forward, Two Steps Back: Massachusetts Senate Reverses Course On Non-Compete Reform

by Seyfarth Shaw LLP on

As we last reported, just a few weeks ago, the Massachusetts House of Representatives unanimously approved a non-compete bill that revised the original draft bill and addressed some of the business community’s concerns (such...more

Contracting out of waiver? Court of Appeal provides guidance on ‘no variation’ and ‘anti-oral’ variation clauses

by Reed Smith on

This Alert looks at the effectiveness of what are commonly termed “no variation” or “anti-oral variation” clauses (i.e. clauses which purport to prevent the contract in question from being amended absent compliance with...more

Restrictions on Employees' Post-Employment Work in North Carolina: The Balancing of Interests

by Ward and Smith, P.A. on

The use of "covenants not to compete," or "non-compete agreements," which limit former employees from working for a competitor are gaining in popularity and are used in a wide variety of industries and by service providers. ...more

The importance of signing the employment contract before starting work

by DLA Piper on

In a recent decision, Holland v. Hostopia.com Inc., the Ontario Court of Appeal concluded that a termination provision in an employment agreement was unenforceable because the employment agreement was signed after the...more

Massachusetts Noncompete Bill Advances, but Passage Remains Uncertain

In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running...more

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

Restrictive Covenants: Do Yours Meet a Changing Landscape?

by Epstein Becker & Green on

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,...more

Labor and Employment Group News: U.S. Treasury Issues Report on the Economic Effects of Non-compete Contracts

by Murtha Cullina on

An office of Economic Policy Report published in March 2016, entitled "Non-Compete Contracts: Economic Effects and Policy Implications," estimates that 18% of all workers, or nearly 30 million people, are covered by...more

Getting Full Value out of Noncompete Agreements

by Tucker Arensberg, P.C. on

Increasingly, companies are having employees sign noncompete and nonsolicitation agreements in order to protect the company, and its customer base, should the employee leave the company. These agreements are clearly...more

How does Utah’s New Noncompete Law Affect You?

by Dorsey & Whitney LLP on

Utah employers should update their form noncompete agreements to ensure they comply with the state’s new Post-Employment Restrictions Act. Employers of all sizes are subject to the Act, which was adopted by the Utah...more

Employee terminated despite manual’s assurances against retaliation

by Kirton McConkie PC on

It is often said that “a promise is a promise,” but what does that adage mean? A promise is a statement or declaration that a person will or will not do something. In most cases, a promise is not enforceable under the law...more

“Employer-Friendly” Utah Legislature Considers Regulating Non-Compete Agreements

by Stoel Rives LLP on

Many employers in Utah use non-competition agreements to protect their confidential information, customer relationships and investment in employee training and development. In a somewhat surprising move, the usually...more

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