News & Analysis as of September 19, 2024

Termination

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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 -

The Impact of Indiana’s Restrictions on Physician Non-Compete Agreements

Amundsen Davis LLC on 11/10/2023

Recent Indiana legislative sessions have limited the ability of health care entities to enter non-compete agreements with physicians, and the impact of that legislation is starting to be seen. By way of background, prior...more

Louisiana Restrictive Covenant Signed by C-Suite Employee After Termination Is Unenforceable, State Appeals Court Holds

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/4/2023

In Louisiana, restrictive covenants—known locally as “no competes”—are unenforceable by statutory default. The applicable statute declares, “Every contract or agreement, or provision thereof, by which anyone is restrained...more

New Jersey Bill Would Significantly Limit – And Make Employers Pay For – Non-Compete Agreements

Foley & Lardner LLP on 6/28/2022

In early May 2022, New Jersey assemblymen introduced a bill that—if passed—will significantly limit employers’ ability to enter into and enforce employee non-compete agreements. As such, New Jersey may join the growing list...more

Unraveling the New (Major) Illinois Restrictive Covenant Law

Saul Ewing LLP on 6/9/2021

On May 31, 2021, both Houses of the Illinois legislature unanimously passed legislation that, if signed by Governor Pritzker, will overhaul the enforceability of restrictive covenants in Illinois. The legislation1 amends the...more

UK Life Sciences and Healthcare Newsletter - March 2021: Granting Incentives Under U.S. Plans to UK-based Executives

Dechert LLP on 3/26/2021

One of the most effective ways to incentivise staff, in particular senior employees, is to offer them the opportunity to purchase stock or shares in a group company. U.S. companies often operate stock and other incentive...more

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Sheppard Mullin Richter & Hampton LLP on 12/7/2017

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Top 10 Employment & Labour Issues for Employers

Blake, Cassels & Graydon LLP on 7/5/2017

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

South Africa’s Labour Court Rules Garden Leave and Noncompetition Clauses Enforceable

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/24/2016

On February 9, 2016, in a victory for South African employers, South Africa’s Labour Court in Johannesburg addressed for the first time the applicability of garden leave in assessing the reasonableness of a post-termination...more

Hidden Pitfalls of Old Non-Compete Provisions

Weintraub Tobin on 8/24/2015

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Cracks in the Fifield Armor?: New Dissent Marks First Big Challenge to Illinois' Bright-Line Restrictive Covenant Rule

Hinshaw & Culbertson LLP on 7/10/2015

When continued employment is the sole consideration for a post-employment restrictive covenant (such as a noncompetition agreement), the Illinois Supreme Court requires that an employee be continually employed for a...more

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

Epstein Becker & Green on 1/9/2014

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

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

Orrick, Herrington & Sutcliffe LLP on 4/23/2013

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

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Non-Compete Agreements › Employment Contract › Termination

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