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Restrictive Covenants Non-Compete Agreements Contract Drafting

Payne & Fears

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

Payne & Fears on

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Whitman Legal Solutions, LLC

What Parties Need to Know About Non-Competition, Non-Solicitation, and Non-Circumvention Provisions

Non-competition, non-circumvention, and non-competition provisions don’t only appear in employment contracts; they also are common in contracts for the sale of a business or real estate. This article is part of a series on...more

Fisher Phillips

Are Your Employment Agreements Up to Date? Top 5 Considerations for Drafting 50-State Compliant Restrictive Covenants

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Does your company have non-competes, non-solicitation agreements, or other restrictive covenants in place with employees? If so, you’ll want to review these agreements in light of recent developments. Notably, we are seeing...more

BakerHostetler

Delaware Court Raises Eyebrows by Striking Down Noncompete in Sale Transaction

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The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant binding upon a seller in a sale...more

Parker Poe Adams & Bernstein LLP

North Carolina Noncompetes - What is Legal "Consideration?"

As previously discussed, post-employment noncompetes require thoughtful drafting and implementation in order to be enforceable in North Carolina. Courts and judges don’t like them, but they can be an incredibly valuable tool...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Epstein Becker & Green

[Webinar] Drafting Enforceable Restrictive Covenants and Confidentiality Agreements for Multi-State Employers - April 5th, 12:30...

The landscape for restrictive covenants and confidentiality agreements is changing rapidly across the country. Notice periods, compensation thresholds, and consideration requirements are increasingly common, and the days...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise...more

Constangy, Brooks, Smith & Prophete, LLP

Noncompete Agreements - Traps for the Unwary: Part 1

This is a two-part series where we are doing a deep dive into noncompete agreements and traps for the unwary. Noncompete agreements have a reputation for being technical, but what is it exactly that makes them so tricky? Join...more

Faegre Drinker Biddle & Reath LLP

Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions

A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC...more

Verrill

Executive Decisions – Putting in Place Effective Employment Agreements for Company Executives

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During this webinar, attorneys Doug Currier and Scott Connolly discussed best practices for putting in place effective executive employment agreements, including inbound agreements and separation agreements. Topics discussed...more

Hogan Lovells

Client Alert: Virginia Court Invalidates Government Contractor’s Non-Competition and Non-Solicitation Agreement with Independent...

Hogan Lovells on

In January 2020, Judge John Tran of the Fairfax County Circuit Court in Virginia held unenforceable non-competition and non-solicitation provisions in a government contractor’s consulting agreements entered into with...more

Seyfarth Shaw LLP

Massachusetts’ High Court Pumps the Brakes on Equitable Tolling of Restrictive Covenant

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For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Upholds Ruling Allowing for the Reformation of a Noncompetition Agreement

The Louisiana Second Circuit Court of Appeal recently held that a noncompetition provision under La. R.S 23:921 affecting a former member of an accounting limited liability company (LLC) could be reformed when the scope of...more

Jaburg Wilk

Are Non-Compete Agreements Enforceable in Arizona?

Jaburg Wilk on

In Arizona, non-compete agreements may be enforceable if “reasonable.” In determining whether a non-compete is “reasonable,” courts evaluate several factors, none of which are controlling. The factors are....more

Seyfarth Shaw LLP

Will we win? The odds of success in restraint of trade cases

Seyfarth Shaw LLP on

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more

Dechert LLP

UK Supreme Court issues important decision upholding non-compete

Dechert LLP on

The UK Supreme Court has today published its long-awaited judgment in Egon Zehnder Ltd v Tillman. It held that a six month post-termination non-compete covenant was enforceable against a departing employee even though it...more

BakerHostetler

[Event] Enforcing Restrictive Covenants: What You Need to Know Now to Protect Your Business Under Colorado Law- June 6th, Denver,...

BakerHostetler on

Savvy employers understand and use restrictive covenants, particularly noncompete and nonsolicitation agreements, as part of a strategy to protect their businesses. However, these agreements are good only if they are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Overbroad Geographic Restriction Dooms Covenant Not to Compete

Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition. Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete...more

Seyfarth Shaw LLP

The Post-Employment Restraint As A Business Asset

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This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more

FordHarrison

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

FordHarrison on

When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the...more

Seyfarth Shaw LLP

3 Tips For Effective Restraints Of Trade

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Recently a number of stoushes about the enforcement of post-employment restraints of trade – including one that captivated the legal industry for many months last year – have played out publicly....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Careful Drafting Required: Restrictions on Employee Solicitation Subject to Wisconsin Non-Compete Law

Many employers want to prevent their trusted employees from leaving the company and poaching their employees. In Manitowoc Company, Inc. v. Lanning, No. 2015AP1530 (January 19, 2018), the Supreme Court of Wisconsin examined a...more

Foley & Lardner LLP

Non-competes for Existing Employees May Require Additional Consideration

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It is not uncommon for employers to ask existing employees to sign non-compete agreements. For example, new management may want to tighten up a company’s protections. Or, changes in the business may make the need for employee...more

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