The Georgia Court of Appeals just made it significantly more difficult for employers to enforce employee non-solicitation provisions, which might require you to take immediate action to protect your company’s interests in...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
In Automile Holdings, LLC v. McGovern, 483 Mass. 797, 136 N.E.3d 1207 (2020), the Massachusetts Supreme Judicial Court upheld the validity of an anti-raiding provision against a former employee. This ruling is significant in...more
The Massachusetts Supreme Judicial Court (SJC), the Commonwealth’s highest court, recently clarified the standards applicable to analyzing nonsolicitation and anti-raid restrictive covenants following the sale of a business -...more
The law in California is well settled that, with few exceptions, non-compete agreements are unenforceable. Less clear is whether and to what extent employee non-solicitation and no-hire agreements can withstand a court’s...more
The Situation: Recent foreign investments in Italian blue chips led the Italian government to intervene to protect strategic assets. The Result: Decree 148/2017 introduced new disclosure requirements regarding...more
Although the Broker Protocol has alleviated some concerns, many firms still find themselves wrestling with the vagaries of restrictive covenants when dealing with their employees. Fox Rothschild has produced this revised and...more
Recent developments in two California lawsuits confirm that employers take big risks if they agree with competitors not to recruit each other’s employees. Apple, Google, eBay, Intuit, and other large technology companies...more
Facing stiff competition for talent and a mobile work force, several technology companies located in Silicon Valley allegedly made a pact not to recruit each other’s employees including agreeing not to “cold call” employees....more