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Non-Compete Agreements Restrictive Covenants

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 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

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

Choice-of-Law and Choice-of-Forum May Depend on the Choice of Where to File and When: Multi-State Employers Continue to Face...

by Fisher Phillips on

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker...more

Keeping An Eye On Non-Compete Law

by Fox Rothschild LLP on

USA Today, New York Times, BNA, and several other news outlets have been reporting over the last few weeks about non-competition agreements and non-compete laws especially related to low-wage workers. There have been...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

D.C. Circuit Rules That Employer’s Noncompete Violates Federal Labor Law

by McGuireWoods LLP on

Employers face numerous hurdles in implementing and enforcing noncompetition agreements. Now, the D.C. Circuit has added another: the National Labor Relations Act (NLRA). In Minteq Int’l Inc. v. NLRB, the influential appeals...more

National Survey on Restrictive Covenants

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

Agreements Are Not Enough: Reasonable Efforts Needed

Many employers, including construction contractors and material suppliers, attempt to protect their business by having their employees sign non-competition, non-solicitation, non-disclosure, and/or confidentiality agreements....more

Florida Non-Compete Agreement Enforceable Against a Georgia Resident

by Burr & Forman on

Readers of this blog are aware that Florida has a statute that specifically allows employers and employees to agree in writing to restrict – for a defined period of time – the future employment of a departing employee. These...more

Even a Well-Crafted Non-Compete May Not Get You Injunctive Relief

by Burns & Levinson LLP on

No doubt, having a properly drafted agreement is critical if you wish to prevent a former employee from competing against you or soliciting your customers. But, simply having a clear and straight-forward agreement may not be...more

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

by Fisher Phillips on

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more

Construction E-Note - March 2017

by Burr & Forman on

In an article published on March 10, 2017 by Construction Executive, Meghan Cox provides guidance on how businesses can reduce the risks associated with violence in the workplace and how businesses should handle this violence...more

For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements

The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other...more

China: Non-Competes and Employee Post-Departure Reporting Obligations

by Dentons on

"Non-compete" refers to an agreement concluded between an employer and an employee at the time of hire, which provides that for a certain period after the termination or rescission of the employment contract, the employee...more

China: Application of Non-Competes To Protect Business Secrets

by Dentons on

An enterprise may have no patents or trademarks, but definitely have business secrets. Business secrets—the enterprise’s core information assets—are important intangible assets that go to the core competence of the...more

What Does it Mean to “Modify” an Unenforceable Non-Competition Covenant Under Georgia’s Restrictive Covenants Act?

by Jackson Lewis P.C. on

Although Georgia’s Restrictive Covenants Act has been on the books since the spring of 2011, no judge has decided the exact scope of Georgia courts’ blue-penciling abilities – until now....more

In Georgia, the Blue-Pencil Only Strikes Overly Broad Non-Competes and Does Not Rewrite Them

by Seyfarth Shaw LLP on

In Spring 2011, the Georgia legislature passed a new restrictive covenant statute, which, for the first time, allowed Georgia courts in reviewing non-competition agreements between employer and employee to blue-pencil or...more

Non-Compete News - New York Will Not Stop Fired Employees from Competing

by FordHarrison on

A company that terminates an employee — even if it offers the employee the chance to apply for a position with the company’s successor — cannot enforce restrictive covenants over that employee, a New York appeals court...more

Employees Bound By Non-Compete By Clicking On Box To Accept Stock Grants

by Saul Ewing LLP on

Employees at payroll processing giant ADP were held to the terms of a non-compete contained in online stock award documents when they clicked the “I have read and agreed” button in order to receive stock grants. On February...more

New York Appellate Court Declines to Enforce Noncompetes Against Employees Terminated Without Cause

by BakerHostetler on

A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition restrictions against...more

Click Here — 3rd Circuit Enforces Restrictive Covenants Tied to Electronic Acceptance of Stock Award

On February 7, 2017, the Third Circuit affirmed a partial preliminary injunction order barring two former ADP employees from soliciting customers for their new employer for one year. This decision is notable as it affirmed...more

The Future of Noncompetition Agreements in Massachusetts and Beyond

by Wilson Elser on

The landscape of employee noncompetition (noncompete) agreements is in flux: most states allow such agreements and many states have enacted legislation that governs them. In Massachusetts, the legislature has considered...more

Here We Go Again: Massachusetts Non-Compete Legislation Back in Play

As we previously reported, the Massachusetts House and Senate passed contrasting versions of non-compete reform bills in 2016 but were unable to come to an agreement by the end of the legislative session. Efforts began anew...more

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