News & Analysis as of

Non-Solicitation Agreements

Georgia Court Of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic Or Material Contact Language

by Jackson Lewis P.C. on

As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address...more

DOJ Vows Criminal Prosecution of Employee "No Poaching" Agreements

A few years ago, several Silicon Valley employers made news when they were accused of agreeing among themselves not to solicit each other’s programmers and software engineering employees. These employees are in high demand,...more

Referral Sources Can Be A Protectable Interest Under Florida Law

by Jackson Lewis P.C. on

In Florida, non-competition and other restrictive covenant agreements are enforceable to the extent they are tailored to protect a legitimate business interest. On September 14, 2017, the Florida Supreme Court held that a...more

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more

Recent Pennsylvania Court Decision Highlights Enforceability of Non-Solicitation Agreements

Every year, Pennsylvania’s appellate courts seem to issue a handful of decisions addressing the enforceability of non-compete agreements. However, there are relatively few court decisions addressing non-solicitation...more

Kansas Decision Highlights The Perils Of Overreach In Restrictive Covenant Agreements

by Jackson Lewis P.C. on

In a recent decision examining Kansas non-compete law, the United States District Court for the District of Kansas partially granted a company’s motion to enjoin its former employee’s violations of the non-compete and...more

Blog: Non-Competes for California Employees in M&A Deals: Don’t Fudge It

by Cooley LLP on

Post-employment non-compete covenants are generally invalid in California, with certain limited but important exceptions like when a business or associated goodwill is sold and the buyer – as part of the deal – wants to...more

LinkedIn Over Her Head: When Broadcasting a Change in Employment Counts as Solicitation

by Fisher Phillips on

A recent blog post discussed an Illinois state court decision evaluating an employer’s claim against a former employee for breach of a non-solicitation agreement, when the employee had added former co-workers on LinkedIn...more

Swimming Pool Company’s Non-Compete Claim Takes a Dive

by Zuckerman Spaeder LLP on

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

LinkedOut: Court finds Ex-Employee Likely Violated Non-Solicitation Provision with LinkedIn Post

The use of social media sites, like LinkedIn, can be a helpful tool to reach a customer base. But a recent district court case out of Minnesota exemplifies the need to ensure that LinkedIn usage complies with the user’s...more

Who Poked Whom First: Does a Friend Request or Social Media Invite Count as Solicitation?

by Fisher Phillips on

When Gregory Gelineau quit his job at an Illinois-based insurance company to work for a competitor, he sent LinkedIn invitations to a group of his former co-workers. In response, Gelineau’s former company sued him. The...more

To Connect Or Not To Connect, That Is The Non-Solicitation Agreement Question

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A former employee’s social media activities were not “solicitations” that breached his employment non-solicitation agreement where no suggestion to join the former employee was apparent from the activity....more

Is My Noncompete With an Independent Contractor Enforceable?

by Fisher Phillips on

The Eight Circuit recently addressed this question in Ag Spectrum Co. v. Elder, Case No. 16-3113 (8th Cir. August 2, 2017). In that case, Ag Spectrum contracted with Vaughn Elder to work as an independent contractor. Elder...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

Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful...

New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information. This sounds like a pretty standard...more

The Third Circuit Addresses the Defend Trade Secrets Act and Appears to Have Applied the Inevitable Disclosure Doctrine

by Seyfarth Shaw LLP on

The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not “prevent a person from entering into an employment relationship,” and that any conditions placed on a former...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

Employment News - July 2017

by Hogan Lovells on

You cannot be serious – application for injunction refused - In NIIT Technologies Ltd v Chaturvedi the High Court turned down an application to enforce a non-solicitation of employees covenant, on the basis that there was...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

Even a Clear Choice of Law Provision Can Be Vulnerable

by Burns & Levinson LLP on

When two parties reside and/or conduct business in different states, any agreement between them almost always has a choice of law provision. Typically, such a clause is as simple as: “The Parties agree that this Contract...more

North Carolina Appellate Court Refuses to Lift Preliminary Injunction in Non-Solicitation Case Before Trial

When an employer believes that a former employee has violated post-employment restrictive covenants, it often seeks injunctive relief intended to prevent harm to its business pending a final determination on the merits of the...more

What Would the Perfect Employee Agreement Look Like?

Lawyers strive for perfection in their work, but time constraints, budgets, and other factors work against us. Also, perfection is not always the same thing in every circumstance. It is interesting, however, to contemplate...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

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

by Zuckerman Spaeder LLP on

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an...more

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