News & Analysis as of

Non-Compete Agreements Hiring & Firing

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 -

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

by Nilan Johnson Lewis PA on

The Scenario - Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons...more

NYC Proposes Ban on Non-Competes

by Reed Smith on

New York City, which for years has been a trailblazer in employee-friendly workplace legislation, is at it again. Late last month, the NYC Council proposed a bill that would prohibit non-compete agreements for low-wage...more

Brief Answers To Frequently Asked Employment- Related Questions

by Payne & Fears on

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

National Survey On Restrictive Covenants In Employment

by Fox Rothschild LLP on

This survey has been provided by the Fox Rothschild Labor and Employment and Securities Industry practice groups as a quick reference for in-house counsel and human resource professionals. The law in this area not only...more

Non compete clauses and employees destined for greatness

by Dentons on

The case of Egon Zehnder Ltd v. Mary Caroline Tillman is another useful reminder to ensure that restrictive covenants are fit for purpose and, whilst in this case the covenants were upheld, it is also a reminder to ensure...more

Illinois Employers Should Not Depend on Blue Penciling to Enforce Restrictive Covenants

by Seyfarth Shaw LLP on

Illinois is one of several jurisdictions that recognizes the authority of courts to blue pencil or judicially modify otherwise unenforceable restrictive covenants to be enforceable. See, e.g. Weitekamp v. Lane, 250 Ill. App....more

Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know

by Franczek Radelet P.C. on

Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets....more

The One Area of Connecticut Law Employers Love (For Now)

by Shipman & Goodwin LLP on

Over the weekend, The New York Times ran a surprising (at least to me) article about how Idaho has implemented a legal framework that gives employers a great deal of flexibility in an area getting a good deal more publicity...more

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

by FordHarrison on

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an...more

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

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

Nevada Enacts New Non-Compete Law

by Seyfarth Shaw LLP on

On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more

Top 10 Employment & Labour Issues for Employers

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

California Employee Required to Challenge Non-Compete Clause in Indiana

Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment...more

The Latest East Coast/West Coast Conflict: Massachusetts Courts Consider the Application of California Law in Non-Compete...

by Seyfarth Shaw LLP on

Hearkening back to the rivalry between the Boston Celtics and Los Angeles Lakers in the 1980s, Massachusetts courts (as well as others around the country) have increasingly been asked to analyze the application of California...more

Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of...

by Littler on

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent...more

Non-Competition Clauses: Enforceable or Just for Show?

by Field Law on

When can a non-competition clause actually stop someone from working? Or are these clauses just for show? Let's take a look at a couple of cases involving departing employees who find themselves in hot water with a former...more

The Importance of Non-Compete Agreements

by Revision Legal on

It is a common business practice for employers to require their employees to sign a non-compete agreement as part of the terms of their employment. Use of non-compete agreements are a particularly popular practice in...more

Employment News - June 2017 #2

by Hogan Lovells on

Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it - According to the preliminary Opinion of the European Court in The Sash...more

Hope For the Best, Prepare For the Worst: How to Effectively Manage the Perpetual Risk of Employee Loss

by Miles & Stockbridge P.C. on

Inevitably, all businesses must deal with employee turnover and the departure of key employees. Such departures have become more frequent of late, as the economy is again on the rise, more jobs are available, the unemployment...more

Non-Competes Can Cost You More Than A Job

by Foley & Lardner LLP on

Normally in this space we write about case developments after the case is decided. This time, though the story involves a mid-case development which led to a company firing an employee it fought hard to keep....more

LeBron, Stephan and the Essence of Florida Non-Competes

by Burr & Forman on

As this blog post goes to press, the Cleveland Cavaliers and the Boston Celtics just began their series to determine which team will face the winner of the series between the Golden State Warriors and the San Antonio Spurs....more

Despite recent scrutiny, carefully-considered non-competes logical choice in many situations

by Nexsen Pruet, PLLC on

Last weekend, the New York Times published an article titled “How Noncompete Clauses Keep Workers Locked In.” The article focused on low and middle level workers who were sued or had a hard time finding new jobs because they...more

Employment Law Navigator – Week in Review: May 2017 #2

by Zelle LLP on

Last week, The Wall Street Journal broke the news that code written by female engineers at Facebook gets rejected much more frequently than code written by male engineers at the company. Five years of data collected by a...more

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