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Employment Contract › Non-Compete Agreements › Restraint of Trade

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

Holland & Knight LLP on

For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more

Jenner & Block

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

Jenner & Block on

Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...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

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Adler Pollock & Sheehan P.C. on

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Finds Contractual No-Hire Agreements Between Businesses Void Against Public Policy

Tucker Arensberg, P.C. on

The hiring of your key employees by another business that you have a relationship with — either individually or en masse — can be devastating. It is therefore not uncommon for businesses to insert provisions in contracts...more

Seyfarth Shaw LLP

The Post-Employment Restraint As A Business Asset

Seyfarth Shaw LLP on

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

Allen Matkins

Nevada Supreme Court Addresses Nationwide Non-Compete

Allen Matkins on

Given California's hostility to non-compete agreements, it is easy to lose sight of the fact that other states don't have the same attitude. In neighboring Nevada, the courts will look to whether the restraint on competition...more

Seyfarth Shaw LLP

Prescribing the “minimum effective dose”

Seyfarth Shaw LLP on

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

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

Liquidated Damages: A Viable Alternative to Noncompetition Agreements in Louisiana?

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

The Louisiana Third Circuit Court of Appeal recently issued an opinion that might pave the way for employers to use liquidated damages as a means of discouraging competition by former employees in certain circumstances. ...more

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