News & Analysis as of

Breach of Contract Employment Contract Contract Terms

Mayer Brown

Hong Kong Court Clarifies the Application of Implied Terms in Employment Contracts

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The recent case of Yang Zhizhong v. Nomura International (Hong Kong) Limited helpfully clarifies the applicability of Implied Term of Trust and Confidence, the Braganza duty and the Anti-avoidance Term in the context of...more

Quarles & Brady LLP

Supply Chain Survival Series: Remedies for Breach of Contract (Article #14)

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We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more

Farrell Fritz, P.C.

Unpacking the (Un)Reasonableness of Non-Compete Provisions

Farrell Fritz, P.C. on

New York law generally does not favor non-compete agreements, viewing them as unreasonable restraint of trade. As a result, New York courts apply a rigorous standard when deciding whether to enforce these restrictive...more

Lathrop GPM

After Bench Trial, Texas Federal Court Finds No Breach of Noncompete for Selling Competing Product

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A federal court in Texas has denied Penthol’s claim for breach of contract against Vertex Energy for the improper sale of competing products in violation of noncompete clause. Penthol, LLC v. Vertex Energy Operating, LLC,...more

Holland & Knight LLP

Viaje al Pasado Legal: Una Reclamación en Piedra

Holland & Knight LLP on

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Anna Catalina Pérez, abogada del área corporativa, sobre lo que se cree que es el reclamo comercial más antiguo, que se remonta...more

Proskauer - California Employment Law

California Court of Appeal Publishes Opinion Upholding Customer Non-Solicitation Covenant

Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan....more

Manatt, Phelps & Phillips, LLP

Read Your Contract: Prior Invention Assigned to Employer When Incorporated into Employer’s Software

In Apprio, Inc. v. Zaccari, the U.S. District Court for the District of Columbia held an agreement enforceable where if, in the course of employment, the employee incorporated a prior invention into the employer’s product,...more

BCLP

Colorado Law May Govern Noncompete Despite Choice-Of-Law Provision

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Colorado law is not particularly friendly to noncompete agreements. A Colorado statute prohibits all such agreements unless they fall within one of four specific exemptions....more

Littler

Ontario, Canada Court Reminds Employers it is Important to Adhere to Their Contracts’ Termination Provisions

Littler on

In Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, Ontario’s Superior Court of Justice ordered an employer to pay an employee damages for reasonable notice at common law when it decided the employer repudiated its...more

Littler

Ontario, Canada Court Finds Employee Repudiated Her Employment Contract When She Refused to Work Unless New Conditions Were Met

Littler on

In Anderson v Total Instant Lawns Ltd, 2021 ONSC 2933 (Total Instant Lawns), an employee claimed her job was terminated and sought damages for wrongful dismissal.  The employer denied the employee was dismissed and argued...more

Littler

Ontario, Canada Court Reminds Employers that Improperly Drafted Restrictive Covenants are Unenforceable

Littler on

In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more

Womble Bond Dickinson

Limiting Access to Non-Specialized Suppliers Can Be a Legitimate Business Interest

Womble Bond Dickinson on

Where a business’ non-compete employment agreement precluded its former employee from contacting its suppliers, such restriction could constitute a legitimate business interest. KNC Technologies v. Tutton, 2021 NCBC 25 (J....more

Littler

A Rare Occurrence: California Court Overturns Arbitrator’s Award

Littler on

California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions...more

Burr & Forman

South Carolina Professor Loses Breach of Employment Contract Case

Burr & Forman on

A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

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Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher...more

Farrell Fritz, P.C.

Restrictive Covenants: The Importance of Understanding Their Contractual Limits

Farrell Fritz, P.C. on

If supermodel Tyra Banks has taught us anything about the modeling industry, it’s that the competition is fierce. Unfortunately, one Manhattan-based modeling agency and former agent aren’t learning this lesson on the...more

Dorsey & Whitney LLP

Restrictive Covenants in Employment Contracts - Employer Liability

Dorsey & Whitney LLP on

A recent Court of Appeal case, Allen t/a David Allen Chartered Accountants v Pollock and Anr [2020] EWCA Civ 258, has considered the liability that can arise where one business poaches an employee from a rival business, in...more

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

Restrictive Covenants in the Time of Coronavirus

The spread of the coronavirus disease 2019 (COVID-19) has led to changes regarding many legal issues. Despite the changes, companies still need to protect confidential information, goodwill, customer relationships, and...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Winstead PC

Texas Court Compels A Limited Partner’s Employment And Defamation Claims To Arbitration Due To The Partnership Agreement’s...

Winstead PC on

In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex....more

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

Dorsey & Whitney LLP

Colorado Courts Further Restrict Use of Restrictive Covenants

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Refusing to enforce a non-solicitation provision that violated public policy, the Colorado Court of Appeals held that parties to a non-solicitation agreement cannot contractually obligate the court to “blue pencil” the...more

Genova Burns LLC

"Breaking Contracts has Consequences" - Third Circuit Backs Employer with Restrictive Covenant Agreements

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What happens when your employee signs multiple restrictive covenant agreements with different terms, and then violates them? A recent decision from the Third Circuit in Heartland Payment Sys., LLC v. Volrath addresses a...more

Troutman Pepper

Wisconsin Supreme Court Provides Guidance to Private Universities on Faculty Discipline and Academic Freedom

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Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more

Polsinelli

Time to Dust Off Colorado Physician Liquidated Damage Provisions

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Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization. ...more

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