News & Analysis as of September 19, 2024

Non-Compete Agreements › Punitive Damages

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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 -

Do I Have Standing Under the TCPA? - McGlinchey Commercial Law Bulletin - July 11, 2023

McGlinchey Stafford on 7/12/2023

Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more

Bankruptcy Discharge of Debts for Willful and Malicious Injury

Ward and Smith, P.A. on 5/31/2019

Can a debtor discharge a debt arising out of a deliberate or intentional act that causes injury to you? A recent article addressed the general issue of discharging debts in bankruptcy and various grounds for excepting...more

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

Rosenberg Martin Greenberg LLP on 5/30/2019

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

Flaster Greenberg PC on 9/14/2018

Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

Fisher Phillips on 3/5/2018

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

4.5 Million Reasons to Abide by a Non-Solicitation Agreement

McNees Wallace & Nurick LLC on 10/12/2016

On September 9, 2016, the Pennsylvania Superior Court upheld an award of $4.5 million in punitive damages against several former employees, who violated non-compete/non-solicitation agreements with their former employers. In...more

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

Ballard Spahr LLP on 9/22/2016

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

Eight-Figure Judgments in Trade Secret Cases – Do We Have Your Attention Now?

Burr & Forman on 9/29/2015

The conventional wisdom among attorneys and litigants in the noncompete and trade secret arena is that the cases are all about the injunctions, usually at the TRO and interlocutory injunction stage. Some judgments handed...more

The Point Of An Unenforceable Noncompete May Be Very Sharp Indeed

Allen Matkins on 10/17/2014

Writing for Mother Jones, Kevin Drum recently asked “What’s the point of an unenforceable noncompete agreement?” He posits two possible answers: First, it’s just boilerplate language they don’t really care about but...more

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Non-Compete Agreements › Punitive Damages

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