Non-Compete Agreements, Arbitration Agreements

Broad Federal Policy Favors Arbitration Agreements, Can Extend to Non-Parties

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/25/2013

With the Supreme Court last year strengthening the case for the arbitratrion of non-compete disputes, count me in as one who is fairly confident we're going to see businesses utilizing such clauses more in employment and...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 1/9/2013

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

Employers and Employees May Contract To Arbitrate Non-Competes

by Theodore A. Olsen | Sherman & Howard L.L.C. on 1/3/2013

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

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 12/19/2012

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

Reinsurance Redux - December 2012

by Braden A. Borger, Andrea P. Brockway, Amy S. Kline, Sean T. O'Neill, Caitlin M. Piccarello | Saul Ewing LLP on 12/18/2012

In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more

Courts Continue to Wrestle With Arbitration Issues

by Greg Mersol | BakerHostetler on 12/17/2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

by Peter C. Vilmos | Burr & Forman on 12/13/2012

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

Supreme Court Reaffirms Enforceability of Arbitration Agreement in Noncompetition Dispute

by Jim McQuade, Devin Slack | Orrick - Global Employment Law Group on 12/11/2012

In a succinct opinion issued on November 26, 2012, the Supreme Court delivered a stern warning to state courts that fail to enforce arbitration clauses accompanying noncompetition agreements....more

Arbitrators, Not Judges, Must Decide Whether Noncompetes Are Enforceable if There is an Arbitration Clause, Says U.S. Supreme...

by Dawn Kennedy, David A. Posner, John Siegal | BakerHostetler on 12/10/2012

On November 26, 2012, the United States Supreme Court held that the enforceability of a noncompete agreement containing a valid arbitration clause must be determined by an arbitrator in the first instance, not by a federal or...more

U.S. Supreme Court Orders State Court To Adhere To Federal Arbitration Act And Compel Arbitration

by Matthew H. Adler, Brian A. Berkley, Frank H. Griffin, Ryan E. Peters | Pepper Hamilton LLP on 12/6/2012

The United States Supreme Court recently entered the latest of a series of opinions that prevent state courts from interfering with arbitration on state policy grounds. On November 26, 2012, the Court issued its per curiam...more

Federal Law Reigns Supreme In Employment Arbitrations

by William Robbins | Polsinelli on 12/5/2012

A recent United States Supreme Court ruling is part of a growing trend of decisions enforcing arbitration clauses, in a broad range of transactions, on the grounds that federal policy, as expressed by the Federal Arbitration...more

U.S. Supreme Court Rules That Arbitrators, Rather Than Courts, Determine The Enforceability Of Non-Compete Covenants In Arbitrable...

by Chip Collins, Peter C. Vilmos | Burr & Forman on 12/4/2012

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

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 12/3/2012

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

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

by Fisher & Phillips LLP on 11/30/2012

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

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

by Sands Anderson PC on 11/28/2012

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

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

by Michael A. Warner Jr. | Franczek Radelet P.C. on 11/28/2012

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

How Public Interest May Limit Enforcement of a Non-Compete Agreement

by Burr & Forman on 11/28/2012

Though non-compete agreements are generally disfavored in Tennessee as a restraint on trade, courts will enforce them if the employer has a legitimate business interest to protect and the time and territorial limits are...more

SCOTUS Slaps Sooners With Severability Doctrine

by Leonard, Street and Deinard - Arbitration... on 11/28/2012

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

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

by Kenneth Vanko | Clingen Callow & McLean, LLC on 11/27/2012

It is not often - never? - that the Supreme Court of the United States renders a decision that impacts non-compete law. ...more

U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 11/27/2012

A short per curiam opinion issued yesterday by the United States Supreme Court concerning an employment dispute in Oklahoma is likely to result in consternation in California....more

High Court Vacates State Supreme Court’s Arbitration Ruling in Noncompete Case

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2012

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

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Non-Compete Agreements › Arbitration Agreements

Broad Federal Policy Favors Arbitration Agreements, Can Extend to Non-Parties

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

Employers and Employees May Contract To Arbitrate Non-Competes

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

Reinsurance Redux - December 2012

Courts Continue to Wrestle With Arbitration Issues

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

Supreme Court Reaffirms Enforceability of Arbitration Agreement in Noncompetition Dispute

Arbitrators, Not Judges, Must Decide Whether Noncompetes Are Enforceable if There is an Arbitration Clause, Says U.S. Supreme...

U.S. Supreme Court Orders State Court To Adhere To Federal Arbitration Act And Compel Arbitration

Federal Law Reigns Supreme In Employment Arbitrations

U.S. Supreme Court Rules That Arbitrators, Rather Than Courts, Determine The Enforceability Of Non-Compete Covenants In Arbitrable...

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

How Public Interest May Limit Enforcement of a Non-Compete Agreement

SCOTUS Slaps Sooners With Severability Doctrine

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void

High Court Vacates State Supreme Court’s Arbitration Ruling in Noncompete Case

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