Non-Compete Agreements, Non-Solicitation Agreements

You Can't Reverse Blue-Pencil a Non-Compete

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/14/2013

By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious....more

Bill introduced in New Jersey Legislature would invalidate restrictive covenants for individuals collecting unemployment benefits

by Ruth A. Rauls | Saul Ewing LLP on 5/9/2013

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

Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements

by Wendy Klein | Cole Schotz on 4/26/2013

A bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or...more

Protecting Your Intellectual Property

by Ned Sackman | Bernstein Shur on 4/25/2013

In This Presentation, Ned Sackman, an attorney and member of Bernstein Shur’s Labor and Employment Practice Group, explores ways companies can secure intellectual property using the following tools: • Non-disclosure,...more

No Sale -- Sales Commissions Violate Anti-Kickback Statute; Prevent Enforcement of Nonsolicitation

by Robert Wolin | BakerHostetler on 3/13/2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more

Minnesota Legislation Would Ban Most Non-Competes

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/7/2013

About a month ago, a proposed bill was introduced in the Minnesota House of Representatives that would dramatically impact non-compete law in that state. ...more

The Parameters of "Solicitation" in an Era of Non-Solicitation Covenants

by David Johnson | Butler, Snow, O'Mara, Stevens and Cannada,... on 2/27/2013

Originally published in the ABA Journal of Labor & Employment Law - Volume 28, Number 1, Fall 2012. I. Introduction - "I didn't solicit them; they approached me." That is a common defense invoked by someone accused...more

Analysis Of A Winning Argument For Enforcing A Non-Compete Agreement At The Preliminary Injunction Stage

by John Paul Nefflen | Burr & Forman on 2/13/2013

On December 18, 2012, the United States District Court for the Western District of Tennessee entered an Order granting an employer’s application for a preliminary injunction preventing its former employees from soliciting the...more

Non-Compete / Non-Solicit Covenants: Ontario Court of Appeal Provides Guidance on Requirements for Enforceability

by Gerard Kennedy, David Stamp | Osler, Hoskin & Harcourt LLP on 2/7/2013

The Ontario Court of Appeal’s February 5, 2013 decision in Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 analyzes the non-competition and non-solicitation covenants applying to a former company President (Martin)....more

IBM Suit Over Corporate Raiding Illustrates Use of Social Media Evidence

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/1/2013

IBM has launched an assault against Virginia-based competitor, Computer Sciences Corporation, charging it with instituting a raid on its Finance Department through a departed IBM executive, Christopher Greiner. ...more

Tait Graves Asks: Do Non-Competes Appropriately Regulate Intellectual Property?

by Kenneth Vanko | Clingen Callow & McLean, LLC on 1/28/2013

For those of you interested in the academic side of non-compete agreements, the article I have embedded with this post is a must-read....more

Maryland Legislation Would Ban Certain Non-Competes

by Kenneth Vanko | Clingen Callow & McLean, LLC on 1/14/2013

Many of you likely have been clamoring for an update on what's happening in the Maryland legislature. So here goes...more

Playing the California Card Doesn't Always Work

by Kenneth Vanko | Clingen Callow & McLean, LLC on 1/12/2013

Anyone familiar with non-competes knows that California is somewhat of an outlier state. Non-compete agreements, even non-solicitation agreements, are highly disfavored and almost always unenforceable except within a narrow...more

Type of Nonsolicitation Clause May Influence Proper Venue

by Kenneth Vanko | Clingen Callow & McLean, LLC on 12/26/2012

In the past, I have assiduously avoided discussion of venue and jurisdiction disputes. These arise with alarming frequency in non-compete litigation. By and large, they are dull and uninteresting topics that only lawyers can...more

Type of Nonsolicitation Clause May Influence Proper Venue

by Kenneth Vanko | Clingen Callow & McLean, LLC on 12/26/2012

In the past, I have assiduously avoided discussion of venue and jurisdiction disputes. These arise with alarming frequency in non-compete litigation. By and large, they are dull and uninteresting topics that only lawyers can...more

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Non-Compete Agreements › Non-Solicitation Agreements

You Can't Reverse Blue-Pencil a Non-Compete

Bill introduced in New Jersey Legislature would invalidate restrictive covenants for individuals collecting unemployment benefits

Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements

Protecting Your Intellectual Property

No Sale -- Sales Commissions Violate Anti-Kickback Statute; Prevent Enforcement of Nonsolicitation

Minnesota Legislation Would Ban Most Non-Competes

The Parameters of "Solicitation" in an Era of Non-Solicitation Covenants

Analysis Of A Winning Argument For Enforcing A Non-Compete Agreement At The Preliminary Injunction Stage

Non-Compete / Non-Solicit Covenants: Ontario Court of Appeal Provides Guidance on Requirements for Enforceability

IBM Suit Over Corporate Raiding Illustrates Use of Social Media Evidence

Tait Graves Asks: Do Non-Competes Appropriately Regulate Intellectual Property?

Maryland Legislation Would Ban Certain Non-Competes

Playing the California Card Doesn't Always Work

Type of Nonsolicitation Clause May Influence Proper Venue

Type of Nonsolicitation Clause May Influence Proper Venue

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