Beginning on January 1, 2025, employment-based non-compete covenants will be unenforceable against physicians, certified registered nurse practitioners, physician assistants and certified registered nurse anesthetists (each,...more
Minnesota’s legislature rushed through several bills this year affecting recruiting and staffing associations and other service providers such as property management companies. One such law may, as one member of the Minnesota...more
On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more
Enacted in 1981, the Louisiana Oilfield Anti-Indemnity Act (LOAIA) renders “void and unenforceable” certain contractual defense and indemnification provisions in “agreement[s] pertaining to a well for oil, gas, or water, or...more
Subject matter jurisdiction describes the power and authority to adjudicate a case, and to enter a valid, binding judgment. This power is derived from Alabama’s constitution and its statutes....more
Members of the New York City Council are looking to accomplish what the New York State Legislature could not – proposing various bans on the use of non-competes in New York City. On February 28, 2024, members of the New York...more
Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more
As previously highlighted by Benesch, California strengthened its long-standing prohibition on non-competition agreements on January 1, 2024. In addition, and also as previously highlighted by Benesch, one of these...more
California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who...more
The Florida Legislature is currently considering two bills that, if enacted in their current form, would significantly reduce (and potentially eliminate altogether) the enforceability of noncompete agreements against...more
Two bills took effect in California earlier this month imposing further limitations on restrictive covenants in employment agreements, one of which voids noncompete agreements even if they are signed outside of the state....more
Without prejudice is a phrase often used in communications between parties seeking to reach settlement. Whether or not communications will be regarded as without prejudice will depend on their substance and we recently looked...more
You may have heard the half-serious joke that California acts as its own independent country. One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the...more
The California Business and Professions Code Section 16600 renders “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind” as void, subject to narrowly tailored...more
On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is...more
On March 28, 2023, in a published decision in Gold Tree Spa, Inc, v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242 Franklin...more
Ohio- “Best efforts“ Cintrifuse Landlord LLC v. Panino, LLC, 1st Dist. Hamilton, No. 2022-Ohio-4104- In this appeal, the First Appellate District reversed the trial court’s decision to grant the plaintiff’s motion for...more
Key Takeaways - ..On Nov. 15, The Superior Court of Fulton County declared sections of Georgia’s 6-week abortion ban void and unenforceable. ..The Court held that because the ban was unconstitutional at the time it...more
Oregon law on permitted covenants not to compete has been amended to void nonconforming agreements and limit such agreements to employees making at least $100,533, among other changes...more
In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more
Franchisors and franchisees in California have long conducted themselves based on precedent that voids post-termination covenants against competition in a franchise agreement in California. Recently, a franchisor’s ability to...more
On July 17, 2020, the Court of Appeals for the First Circuit, in an issue of first impression, ruled that an Amazon delivery driver who brought a class action misclassification claim against the company was a transportation...more
On May 12, 2020, a three-judge panel of the Commonwealth Court of Pennsylvania ruled that certain net metering regulations of the Pennsylvania Public Utility Commission (PUC) are invalid and unenforceable. ...more
On May 13, 2020, the Wisconsin Supreme Court issued its decision in Wisconsin Legislature v. Secretary-Designee Andrea Palm, et al. and declared the state’s Safer at Home Order unlawful, invalid, and unenforceable, creating a...more
Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not...more