The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts.
Non-competes are governed by different rules from other contracts. Courts limit non-competes to certain circumstances, such as when an individual has received confidential information, goodwill, or specialized training; even...more
As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more
The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more
The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and enforcement of non-competition and confidentiality covenants in contracts...more
Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more
Because non-compete agreements are governed by state law, it is rare that the U.S. Supreme Court issues a ruling affecting such contracts. This week’s decision in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. __...more
Employers that utilize arbitration agreements just received a major vote of confidence from the Supreme Court of the United States (SCOTUS).
In Nitro-Lift Technologies, LLC v. Eddie Lee Howard, et al., +2012 U.S. LEXIS...more
This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012)....more
Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more
In the latest of a long line of decisions favoring arbitration, the United States Supreme Court has overturned a decision of the Oklahoma Supreme Court invalidating a non-compete agreement that contained a binding arbitration...more
On Monday, the United States Supreme Court reminded the Oklahoma Supreme Court who is boss when it comes to the Federal Arbitration Act. In Nitro-Lift Technologies, LLC v. Howard, 2012 WL 5895686 (U.S. Nov. 26, 2012), SCOTUS...more
It is not often - never? - that the Supreme Court of the United States renders a decision that impacts non-compete law.
This morning, the U.S. Supreme Court, in a per curiam opinion, ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA). The Court vacated a decision made by the...more