News & Analysis as of

Social Media Job Updates: The “Footprints in the Snow” Showing Customer Solicitation?

In this era of hyper self-promotion and cyber networking, through the wonders of social media, former employees are commonly creating some of the most incriminating evidence establishing their violation of non-compete and...more

14 Global Workplace Trends For 2014 (Infographic)

With January in full swing and your first new year’s resolution already broken, here’s one goal you can keep: stay abreast of developments to get ahead of the curve, beginning with the top 14 trends impacting multinational...more

14 Global Workplace Trends for 2014

With January in full swing and your first new year’s resolution already broken, here’s one goal you can keep: stay abreast of developments to get ahead of the curve, beginning with the top 14 trends impacting multinational...more

Act Now Advisory: Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration...

In June 2013, the Illinois Appellate Court for the First District (i.e., Cook County) held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate...more

Quirky Question #212, Montana Non-Competes

We are an accounting firm and recently fired an employee at will. We have always understood that Montana law disfavors non-competition agreements, therefore, our employment agreement provides that if the accountant provides...more

Ten Drafting Tips For Covenants Not To Compete

A recent article in the Wall Street Journal discussed the rise in litigation regarding covenants not to compete, along with a summary of the positives and negatives of these covenants....more

Recent Conflicting Decisions Make It Potentially Easier and Harder to Enforce Non-Competition and Non-Solicitation Covenants

What you need to know: The enforceability of restrictive covenants continues to be a heavily litigated area in Massachusetts. Massachusetts courts recently issued three decisions relating to the enforceability of...more

Restaurant Wars: Restrictive Covenants for Chefs & Tandoori Chicken Tikka

It’s the summer and let’s face it, our minds turn to mush. That’s why reality television thrives in the summer. Just the ones on food and dining alone could make up an evening: Chopped. Restaurant Impossible. The Next...more

You've Got The Job, Details Will Follow - Employment Offer Letters & Non-Compete Agreements

In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more

A Right to Match Can Provide Multiple Benefits

A client recently forwarded me an article about a lawsuit that Oakley brought against Nike and golf wonder-boy Rory McIlroy. In that suit, Oakley claims that as part of its endorsement agreement with McIlroy it had a right...more

Where Does Your State Stand on Non-Compete Agreements?

While non-compete agreements are fairly common in today’s business world, states treat them differently. For example, Virginia disfavors non-compete agreements and will not enforce them unless they are narrowly tailored to...more

Remember to Get Key Employment-Related Agreements Signed

In order to protect their valuable business assets, many employers require key employees to sign employment-related agreements such as non-compete, non-disclosure, and non-solicitation agreements....more

Navigating through the Challenging German Employment Law Framework for Japanese Companies Doing Business in Germany

In This Presentation: 1. Employment law in Germany – General facts 2. The Employee 3. Overview on German social security system 4. Dismissal of employees 5. Managerial authority 6. Modification of...more

Supreme People Court's Interpretation on Employment Law Issues

Employers need be aware of a recent interpretation issued by the PRC Supreme Court which clarifies a number of employment issues related to service year, non-competition, amendment to employment contract and employment...more

Employment Flash - February 2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

Non-Compete / Non-Solicit Covenants: Ontario Court of Appeal Provides Guidance on Requirements for Enforceability

The Ontario Court of Appeal’s February 5, 2013 decision in Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 analyzes the non-competition and non-solicitation covenants applying to a former company President (Martin)....more

Covenants Not to Compete: Yes, They Can Be Enforceable

Attorneys are often asked by both employers and executives, “Are these non-competes even enforceable?” In most states, the answer is “yes,” provided they are done correctly....more

Intellectual Property Rights Include Protection for Trade Secrets

Many businesses rely on keeping trade secrets confidential. Coca-Cola has successfully kept their formula secret for many years. Apple and Samsung have been embroiled in a lengthy trade secret battle over phones and tablets....more

Renown Health-FTC Antitrust Agreement: Guidance for Hospitals Acquiring and Employing Physicians

Renown was represented in the agencies' investigation and the ensuing settlement negotiations by Ober/Kaler principal Bill Berlin, a member of the firm's Antitrust and Competition Group. On August 6, 2012, Renown...more

Federal Trade Commission Settles with Healthcare Group over Recent Acquisitions of Cardiologists

On August 6, 2012, the Federal Trade Commission (FTC) agreed by a vote of 5-0 to enter into proposed settlements with Renown Health regarding that group’s recent acquisitions of two cardiology groups in Reno, Nevada. The...more

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