By the time you read this blog post, it's like to be outdated. Such is the fast-paced world of professional sports, and the insane coaching carousel we see every year (but particularly this year in the National Basketball...more
In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more
In This Issue: - Court Finds Employee’s Wage And Hour Claim Falls Within Arbitration Provision Of Online Employment Application: A federal court in Illinois found that an arbitration agreement in a...more
Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an...more
For our readers who did not attend the early May International Franchise Association Legal Symposium held in Washington, we pass along these observations...more
In many disputes over non-competition agreements, the litigation focuses on obtaining the temporary restraining order and/or preliminary injunction to stop the competition before the real damage is done....more
This is the third in a series of four articles discussing the DOJ’s settlement with six of Silicone Valley’s big high-tech companies. The settlement prohibits the companies from signing any Non-Solicitation of Employees...more
Hat-tip to Josh Salinas at Seyfarth Shaw for his fine analysis of new Oklahoma legislation that chips away at some prohibitions on restrictive covenants. Oklahoma is one of three red-flag states that generally prohibit...more
The dust is still settling from the mad dash that is the end of the Connecticut General Assembly session. ...more
The U.S. Department of Justice (DOJ) recently sued and settled anti-trust violation claims against some of the biggest companies in Silicon Valley. The suit and settlement caught many legal pundits offguard because the...more
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
In the fourth and final part of our series on garden leave provisions, we present a discussion of the variables to be considered when drafting an enforceable garden leave provision....more
I am taking a little bit of a different approach with this post, with a focus on representing employee clients in competition litigation. When I first talk to a new client who has a legal problem involving a...more
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
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
The Departure of an Investment Advisor - The departure of an investment advisor (IA) raises a number of serious and often conflicting considerations. For the IA, a departure could mean uncertainty in terms of earning a...more
For years, Oklahoma employers have required employees to sign agreements stating they will not solicit the company’s employees if they go to work for another employer. In April, Gov. Mary Fallin signed legislation confirming...more
Last month, the New Jersey Legislature introduced a bill that could drastically limit the enforceability of non-compete, non-solicitation, and non-disclosure agreements that New Jersey employers routinely enter into with...more
Headquartered in Kalamazoo, Michigan, Stryker Corporation is a manufacturer of surgical instruments, including image guided "navigation software and hardware" that enables surgeons to precisely insert implants or perform...more
So far, 2013 has been active for proposed non-compete legislation. At the beginning of any calendar year, it's not surprising to see a number of bills introduced in state assemblies or legislatures - many of which have...more
By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious....more
Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more
Currently pending in the New Jersey State Legislature is a bill that, if passed, would invalidate any covenant, contract or agreement not to compete, not to disclose or not to solicit, entered into by any individual with the...more
The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more
On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the risks associated with...more
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