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Non-Compete Agreements › Consideration

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Parker Poe Adams & Bernstein LLP

North Carolina Noncompetes - What is Legal "Consideration?"

Parker Poe Adams & Bernstein LLP on

As previously discussed, post-employment noncompetes require thoughtful drafting and implementation in order to be enforceable in North Carolina. Courts and judges don’t like them, but they can be an incredibly valuable tool...more

Benesch

Restrictive Covenant Update - Illinois moves forward while District of Columbia slows down

Benesch on

Benesch previously informed its clients about the significant changes made to Illinois restrictive covenants law by the Illinois legislature in the waning moments of its most recent legislative session. These changes include,...more

Benesch

Biden Administration Encourages Federal Agency to Clear the Muddy Waters of Non-Compete Agreements

Benesch on

Citing concerns about worker mobility and advocating for increased market competition, President Biden signed Executive Order No. 14036: Promoting Competition in the American Economy, on July 9, 2021. The Order, published in...more

Laner Muchin, Ltd.

Amendments to the Illinois Freedom to Work Act Add Substantive Requirements and Limitations for Non-Compete and Non-Solicitation...

Laner Muchin, Ltd. on

Non-compete and non-solicitation agreements (“restrictive covenants”) can be a helpful tool for protecting a business, as they allow employers to restrict their employees’ ability to seek employment with competitors and/or...more

Holland & Knight LLP

Illinois Bill Modifying Non-Competition Agreements Nears Enactment

Holland & Knight LLP on

Illinois Gov. JB Pritzker is expected to soon sign into law a bill that will make significant changes to the Illinois Freedom to Work Act and affect the enforceability of employee non-competition provisions. The General...more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Louisiana

Bradley Arant Boult Cummings LLP on

The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Supreme Court Addresses Consideration for Noncompetes

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration....more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (and Probably Don’t) About Covenants Not to Compete - Texas

Bradley Arant Boult Cummings LLP on

A key employee just left. He was intimately involved in a major transaction. He knows all the secrets of a $40 million deal. To make matters worse, he is going to a competitor. You have a non-compete – what can you do? Or,...more

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Adler Pollock & Sheehan P.C. on

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Jackson Lewis P.C.

[Webinar] Lessons Learned in the First Month of the Mass. Non-Compete Law - November 28th, 1:00pm ET

Jackson Lewis P.C. on

On October 1, legislation was passed in Massachusetts regulating the use and enforcement of non-compete agreements in the private sector. The effect on companies has been wide-reaching, and included anticipated changes as...more

Nutter McClennen & Fish LLP

Thorny Questions, Issues Emerging as Noncompete Act Takes Hold

Nutter McClennen & Fish LLP on

Nutter Partner David Rubin recently contributed an article to Massachusetts Lawyers Weekly that analyzed the Massachusetts Noncompetition Agreement Act. In the article, “Thorny Questions, Issues Emerging as Noncompete Act...more

Epstein Becker & Green

Massachusetts Passes New Law Governing Non-Competition Agreements

Epstein Becker & Green on

On August 10, 2018, the Governor of Massachusetts signed “An Act relative to the judicial enforcement of noncompetition agreements,” otherwise known as the Massachusetts Noncompetition Agreement Act (“Act”), § 24L of Chapter...more

WilmerHale

New Massachusetts Non-Compete Law Requires Employers to Make Immediate Changes to Their Non-Competition Agreements

WilmerHale on

On August 10, 2018, Massachusetts Governor Charlie Baker signed a bill reforming Massachusetts law regarding non-competition agreements. This new law, which takes effect on October 1, 2018, will require employers to modify...more

Burns & Levinson LLP

Key Changes to Massachusetts Noncompetes – Part I

Burns & Levinson LLP on

Over the years, I have written blog posts related to a plethora of nuances concerning noncompetition agreements. While the signing into law last Friday of new legislation on noncompetes does not eviscerate them (despite...more

Womble Bond Dickinson

North Carolina Business Court Decision Could Impact Enforceability of Many Non-Competition Covenants

Womble Bond Dickinson on

A recent decision in the North Carolina Business Court could have significant implications on non-competition covenants in employment agreements that contain a very common automatic renewal term. The decision, if followed by...more

Proskauer - Law and the Workplace

Nevada Codifies Amendments For Non-Competes and Other Forms of Restrictive Covenants – Adopts “Blue Pencil” Standard, Imposes...

Proskauer - Law and the Workplace on

Nevada’s Assembly Bill 276, which became effective on June 3, 2017 (the “NV Law”), articulates new rules and requirements for employee restrictive covenants, some of which fundamentally alter the State’s prior practices. The...more

Payne & Fears

2017 Proposed State Legislation

Payne & Fears on

A number of bills currently before the Nevada Legislature will affect employers if signed into law. The following summarizes these bills as they have been introduced....more

Nutter McClennen & Fish LLP

Here We Go Again: Massachusetts Non-Compete Legislation Back in Play

Nutter McClennen & Fish LLP on

As we previously reported, the Massachusetts House and Senate passed contrasting versions of non-compete reform bills in 2016 but were unable to come to an agreement by the end of the legislative session. Efforts began anew...more

Seyfarth Shaw LLP

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

Seyfarth Shaw LLP on

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A business dispute in Michigan may provide insight into the consideration required to support a noncompete contract restricting future employment. Innovation Ventures, LLC v. Liquid Manufacturing, LLC, No. 150591, Michigan...more

Seyfarth Shaw LLP

One Step Forward, Two Steps Back: Massachusetts Senate Reverses Course On Non-Compete Reform

Seyfarth Shaw LLP on

As we last reported, just a few weeks ago, the Massachusetts House of Representatives unanimously approved a non-compete bill that revised the original draft bill and addressed some of the business community’s concerns (such...more

Ward and Smith, P.A.

Restrictions on Employees' Post-Employment Work in North Carolina: The Balancing of Interests

Ward and Smith, P.A. on

The use of "covenants not to compete," or "non-compete agreements," which limit former employees from working for a competitor are gaining in popularity and are used in a wide variety of industries and by service providers. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Noncompete Bill Advances, but Passage Remains Uncertain

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running...more

Parker Poe Adams & Bernstein LLP

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

Parker Poe Adams & Bernstein LLP on

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

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