Non-Compete Agreements Non-Solicitation Agreements

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 -
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Business Litigation Reporter -- June 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Federal District Court Rejects Challenges to Employee Non-Solicitation Agreement

As reported in EmployNews, in recent years North Carolina courts have increased the degree of scrutiny used when reviewing employee non-compete agreements, rejecting as overbroad agreements that would have been upheld in the...more

Restrictive Covenants and the Cross-Border Employer

In most U.S. states employers are free to bind employees with restrictive covenants – which commonly take the form of post-employment restrictions on soliciting clients or employees – as a condition of employment. The wide...more

What Happens at Work Stays at Work – The California Employer’s Approach To A National Program for Restrictive Covenants and Trade...

In This Presentation: The California Landscape: A Refresher - Post-Termination Non-Competes – Unenforceable under Bus. & Prof. Code §16600 and Edwards v. Arthur Andersen – Other jurisdictions may...more

Massachusetts Governor Deval Patrick Proposes Elimination of Most Non-Compete Agreements and Adoption of Uniform Trade Secrets Act

What you need to know: Massachusetts Governor Deval Patrick recently proposed legislative reform that would abolish non-compete agreements made in the technology and life sciences sectors, as well as other, currently...more

Massachusetts Governor Wants to Ban Non-Compete Agreements and Enact the Uniform Trade Secrets Act

Massachusetts Governor, Deval Patrick, recently announced a bill—An Act to Promote Growth and Opportunity—that would provide workforce training opportunities and promote economic development incentives across the...more

Governor Patrick Proposes Bill to Ban Certain Non-Competes in Massachusetts but Preserve Enforceability of Other Restrictive...

Last week, Massachusetts Governor Deval Patrick proposed legislation that would ban certain non-competition provisions in agreements with employees and independent contractors. Certain other important restrictive covenants,...more

What to Do When Your Client’s COO Becomes Your Competitor’s BFF

One of your most important clients just called. She reports that one of her senior sales people quit a few months ago, and she just learned that the sales person has joined a large competitor. Panicking, your client wants to...more

Protecting Trade Secrets When Employees Depart [Video]

Employment and labor lawyer Richard Warren discusses how employers can better protect one of their most valuable assets—their trade secrets....more

Social Media Job Updates: The “Footprints in the Snow” Showing Customer Solicitation?

In this era of hyper self-promotion and cyber networking, through the wonders of social media, former employees are commonly creating some of the most incriminating evidence establishing their violation of non-compete and...more

Announcing a Job Move on LinkedIn or Facebook - Breach of Contract or Fair Game?

It is always worthwhile to talk about current developments in the area of social media and employment law, and to look back at their contextual import. Much of the fun, however, lies in playing the forecasting game, and...more

2014 Labor And Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2014...more

Quick Reference Guide For Laws Governing Post-Employment Conduct - Fifty States At A Glance

In the first days after a key employee, or any employee with access to a company’s sensitive or proprietary business information, leaves to join a competitor, employers must quickly decide how to respond. In these situations,...more

Social Media & Non-Competition Clauses

In our earlier post (Are Non-Competition Restrictions Enforceable?), we reviewed “restrictive covenants” - these are clauses under which employees are bound by restrictions such as non-competition restrictions,...more

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

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

If You Fire Me Without Cause, Can I Ignore My Non-Compete And Steal Your Clients?

In the decades since Post v. Merrill Lynch, Pierce, Fenner & Smith, 48 N.Y.2d 84 (1979), in which the New York Court of Appeals concluded it would be unreasonable to enforce a non-competition agreement requiring forfeiture of...more

New Job? Think Twice Before Announcing it via Social Media

A lawsuit filed in Massachusetts state court recently raised the issue of whether a former employee’s LinkedIn post announcing a new job could violate an anti-solicitation clause of a non-compete contract with the former...more

Illinois Appellate Court Won’t Enforce Noncompetes Against At-Will Employees Unless the Employee Stays At Least Two Years:...

You’re a Connecticut employer with a restrictive covenant program to protect your customer relationships and confidential business information. You require anyone you hire who to develop customer relationships or use your...more

Excuse Me Judge, Could I Be Heard On That?

A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the...more

Fall Employment And Labour Law Update Seminar

In This Presentation: - AODA update: What employers should know about the Accessibility for Ontarians with Disabilities Act, 2005: ..Goal of AODA ..General accessibility standards ..Multi-year...more

Supreme Court Affirms the Enforceability of Restrictive Covenants in Commercial Agreements

It is trite law that restrictive covenants (non-competition and non-solicitation clauses) are a restraint on trade and, generally, difficult to enforce in employment contracts. The employer has the onus of proving that the...more

Effective Use Of Non-Competition/Non-Solicitation Agreements In The Workplace

Few things can be more frustrating to an employer than spending significant resources training a new employee, allowing the employee access to trade secrets, and introducing the employee to customers, only for the employee to...more

Supreme Court of Canada Affirms Lawfulness of Restrictive Covenants in Commercial Context

In Payette v. Guay inc. the Supreme Court of Canada unanimously upheld non-compete and non-solicit provisions in a contract arising from the sale of a business. The decision distinguishes between a restrictive covenant...more

New Non-Solicitation Statutory Amendment to Go Into Effect November 1, 2013

As we have written before, Oklahoma law generally looks with disfavor on contracts that restrict an individual’s right to earn a living, such as non-compete agreements. (Although there are some ways such agreements can be...more

"Directly or Indirectly" Means Just That ....

A federal district court in Florida granted a preliminary injunction prohibiting five former employees of Mainline Information Systems from soliciting certain customers and using confidential information in violation of their...more

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