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
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
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
By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious....more
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
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
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
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:
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
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
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
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
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
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.
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
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
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
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 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.
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
Many of you likely have been clamoring for an update on what's happening in the Maryland legislature. So here goes...more
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
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
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo