Non-Solicitation Agreements

HEAL Advisory: Doctor Non-Solicitation Agreement Not Supported by Legitimate Business Interest

by Zachary Jackson | Epstein Becker & Green, P.C. on 5/24/2013

Lawyers and clients alike often believe that it is easier to enforce a non-solicitation agreement than a non-competition agreement. Sometimes, that's true. However, that does not mean that companies can enforce a...more

Gavel to Gavel: Agreements enforceable

by Sharolyn Whiting-Ralston | McAfee & Taft on 5/23/2013

For years, Oklahoma employers have required employees to sign agreements stating they will not solicit the company’s employees if they go to work for another employer. In April, Gov. Mary Fallin signed legislation confirming...more

McAfee & Taft Employer LINC: Oklahoma passes law confirming enforceability of employee non-solicitation agreements

by McAfee & Taft on 5/20/2013

While non-competition agreements remain unenforceable under Oklahoma law, a bill recently signed by Governor Fallin confirms by a new statute that Oklahoma employers may enforce agreements prohibiting a former employee from...more

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

When a Restriction on Soliciting "Prospective" Customers Is Unreasonable (and How to Fix It)

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/26/2013

One of the most common drafting errors in non-solicitation covenants - clauses that limit customers to whom competitive services may be offered - is the reach to whom it applies. In concept, the idea of a customer...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

Mass-Mailing To Public Employees Did Not Violate Non-Solicitation Agreement

by John Paul Nefflen | Burr & Forman on 4/17/2013

A Florida court recently held a former employee’s “mass-mailing” to her former employer’s customers did not violate her non-solicitation agreement. In Variable Annuity Life Insurance Co. v. Laeng, Docket No....more

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

by John Paul Nefflen | Burr & Forman on 3/27/2013

On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

by William Goodwin, J. Alexander Lawrence | Morrison Foerster - Social Media on 3/19/2013

According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in...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

Don't Take My Four-Leaf Clover! Court Rules Facebook Posting Doesn't Violate Non-Solicitation Agreement

by Baker, Donelson, Bearman, Caldwell &... on 3/11/2013

In one of the first holdings of its kind, a federal district court in Oklahoma ruled that a former employee's Facebook post, which expressed his professional satisfaction with his new employer's product, did not violate the...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

A Win for Employers: Greater Obligations on Some Departing Employees

by Joel Fairbrother | Field Law on 2/8/2013

SYNOPSIS - Evans v The Sports Corporation, 2013 ABCA 14 is the latest case from the Alberta Court of Appeal dealing with the obligations of departing employees to their former employers. Evans is important because it...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

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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HEAL Advisory: Doctor Non-Solicitation Agreement Not Supported by Legitimate Business Interest

Gavel to Gavel: Agreements enforceable

McAfee & Taft Employer LINC: Oklahoma passes law confirming enforceability of employee 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

When a Restriction on Soliciting "Prospective" Customers Is Unreasonable (and How to Fix It)

Protecting Your Intellectual Property

Mass-Mailing To Public Employees Did Not Violate Non-Solicitation Agreement

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

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

Don't Take My Four-Leaf Clover! Court Rules Facebook Posting Doesn't Violate Non-Solicitation Agreement

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

A Win for Employers: Greater Obligations on Some Departing Employees

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

Type of Nonsolicitation Clause May Influence Proper Venue

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