News & Analysis as of

Declaratory Judgments Restrictive Covenants

ArentFox Schiff

California Employers Face Feb. 14 Deadline and Tighter Non-Compete Prohibitions

ArentFox Schiff on

California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even...more

Jones Day

A Growing Trend: Employee Non-Solicitation Provisions Are Under Attack in California and Elsewhere

Jones Day on

California courts are known for the skepticism with which they approach post-employment restrictive covenants. Until recently, however, they have generally enforced covenants restricting individuals from soliciting their...more

McAfee & Taft

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

McAfee & Taft on

Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more

Orrick - Trade Secrets Group

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Proskauer Rose LLP

Three Point Shot - February 2017

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Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

FordHarrison

Non-Compete News – Georgia Court Interprets Georgia's Blue Penciling Statute

FordHarrison on

It’s time to bring back FordHarrison’s Non-Compete News! And what better way to kick off 2017 than with Lifebrite Labs, LLC v. Cooksey (N.D. Ga. December 2016), Georgia’s first-ever published decision interpreting how a...more

Burr & Forman

Declaratory Judgments In Non-Compete Cases – Electing Offense Over Defense

Burr & Forman on

After a weekend of gorging on football as well as turkey, I’ve got offense and defense on my mind, and a recent Georgia appellate decision got me to thinking about how those basic gridiron principles apply to non-compete...more

Ladas & Parry LLP

Invalidity Counterclaims in IP Litigation: Supreme Court Rules on Effect of Covenants Not to Sue

Ladas & Parry LLP on

On January 9, 2013, the Supreme Court issued its opinion in Already, LLC v. Nike, Inc., holding that a broad covenant not to enforce a trademark against certain products of a competitor moots the competitor’s action to...more

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