News & Analysis as of

Liquidated Damages Restrictive Covenants

Kerr Russell

Status Of Covenants Not To Compete And Liquidated Damages Provisions

Kerr Russell on

Question: Are covenants not to compete and liquidated damages provisions in employment agreements still enforceable? I have seen news reports about the Federal Trade Commission and National Labor Relations Board being...more

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

New York State Senate Passes Prohibitions on Non-Competes

Monumental changes to New York law on non-compete agreements appear imminent. On June 7, 2023, the New York State Senate approved two bills concerning non-compete agreements. ...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

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor...more

Obermayer Rebmann Maxwell & Hippel LLP

Keeping Up with Non-Compete Agreements in 2022

Since our last blog post, some key developments have arisen in the world of non-compete agreements. Specifically, this month, New Jersey legislators introduced a bill to the New Jersey State Assembly aimed at limiting...more

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

Indiana Supreme Court Clarifies When Liquidated Damages Become ‘Unenforceable Penalties’

On December 18, 2019, in American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., et al., the Indiana Supreme Court provided clarity about when liquidated damages become...more

Morris James LLP

Chancery Finds Liquidated Damages Clause for Breach of Non-Compete Unenforceable

Morris James LLP on

Lyons Ins. Agency, Inc. v. Wark, C.A. No. 2017-0348-SG (Del. Ch. Jan. 28, 2020). In this decision on cross-motions for summary judgment, the Delaware Court of Chancery held that a liquidated damages clause for a breach of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hiring? Being Hired? Uncovering the Fine Print.

Clauses in employment contracts may appear benign when a contract is signed, but then later balloon into serious problems. This article will address several of the issues that we see commonly litigated, helping you to...more

Burns & Levinson LLP

Damages and Liquidated Damages in Restrictive Covenants

Burns & Levinson LLP on

When seeking to enforce a restrictive covenant, whether a noncompete or a nonsolicit, the standard play-book calls for an aggrieved party to file suit and seek a temporary restraining order and preliminary injunction to...more

Polsinelli

Time to Dust Off Colorado Physician Liquidated Damage Provisions

Polsinelli on

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

Jaburg Wilk

An Easy and Effective Way for Employers to Protect Themselves

Jaburg Wilk on

Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more

Mintz - Sports Entertainment Viewpoints

Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts

With the start of college football season around the corner, attention turns to off-season shake ups in coaching staffs. One controversial change involved defensive coordinator Robert H. Shoop. Shoop traded in his blue and...more

King & Spalding

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

King & Spalding on

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

Seyfarth Shaw LLP

Leveraging employment restraints to protect business assets

Seyfarth Shaw LLP on

When a key employee subject to an employment restraint leaves a business to join a competitor, fast decisions need to be made to protect client goodwill or guard against misuse of confidential information....more

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