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Non-Compete Agreements

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

NC Supreme Court Reinforces Need for Precision in Trade Secret Misappropriation Claims

by Brooks Pierce on

Bringing a trade secret misappropriation claim in North Carolina may not be as easy as you think. In Krawiec v. Manly, the North Carolina Supreme Court recently made clear that any company seeking to protect its trade...more

State Legislatures Heed the Obama White House’s “Call to Action”: Part 1 of a 3-Part Series Examining State-Level Restrictive...

by Fisher Phillips on

State legislatures across the country have been active in recent years proposing and enacting legislation concerning employers’ use of restrictive covenants. These new laws alter the legal landscape in an area where...more

New Bill is Preview of What Might Happen if Congress Flips in November

by Cozen O'Connor on

Many pollsters are predicting Congress could switch from Republican to Democratic control in November. It has been quite some time since we have seen any significant employment legislation from the Congress, but a newly...more

New Jersey Gets Closer to Restricting Non-Compete Agreements

In December 2017, we blogged about New Jersey Senate bill SB3518, which set forth sweeping restrictions that would limit the enforceability of non-compete agreements. Last week, the New Jersey Assembly Labor Committee...more

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Senators Introduce Bill for Nationwide Non-Compete Ban

by Fisher Phillips on

U.S. Senators Elizabeth Warren (D. Mass.), Ronald Wyden (D. Ore.) and Christopher Murphy (D. Conn.) recently introduced Senate Bill 2782 which, if enacted, would for all practical purposes amount to a nationwide ban on...more

Another Year of Possible Non-Compete Reform in Massachusetts

Over the past few years, we have reported on the Massachusetts Legislature’s unsuccessful attempts to alter non-compete law in the Commonwealth. In 2016, the Legislature was tantalizingly close to passing legislation before...more

Employment Law This Week®: Employee Mobility

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Utah and Idaho Limit Non-Competes and Vermont and Pennsylvania Work to Ban Them

Several states have recently enacted modifications to their respective non-compete laws or have legislation in the pipeline. Most continue the trend of limiting enforceability of non-competes, which are agreements between an...more

An Ounce Of Prevention Is Worth A Pound Of Cure When It Comes To Protecting Your Trade Secrets

by Fisher Phillips on

Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more

Fifth Circuit Affirms Federal Court’s Injunction Of State Court Proceeding That Attempted To Stay Arbitration

by Carlton Fields on

The case originated from the alleged violation of a noncompete and nonsolicitation agreement between the Shaw Group, later partially acquired by Aptim Corporation, and Dorsey McCall, its former employee. ...more

Democratic U.S. Senators Seek To Abolish Non-Compete Agreements

by Seyfarth Shaw LLP on

Democratic U.S. Senators Elizabeth Warren (D-MA), Chris Murphy (D-Conn.), and Ron Wyden (D-Ore.) introduced legislation on April 26, 2018, entitled the Workforce Mobility Act (“WMA”). ...more

Court Affirms Ruling in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

Remember the lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their...more

Inside ADR: May 2018

by JAMS on

District Court Did Not Err in Staying State Court Action and Ordering Parties to Arbitrate - Aptim Corporation v. McCall 2018 United States Court of Appeals, Fifth Circuit Shaw sued former employee, Dorsey McCall, in...more

Post-Contractual Non-Competes – a never ending story

There are few clauses in employment contracts more heavily debated than Non-Competition Clauses (post-contractual non-competes). While employers tend to include them rather easily in order to protect company secrets beyond...more

It’s Groundhog Day: Massachusetts Legislature Again Proposes Comprehensive Noncompete Law

The Massachusetts legislature is once again seeking to enact comprehensive noncompetition legislation to rein in the use, and some may argue the abuse, of restrictive covenants in employment agreements. Currently, noncompete...more

Unintended Consequences? Amendment To Colorado’s Non-Compete Statute For Physicians

by Husch Blackwell LLP on

On April 2, 2018, Colorado Governor John Hickenlooper signed Senate Bill 18-082 into law. Senate Bill 18-082 amends Colorado’s non-compete statute, C.R.S. § 8-2-113, and curtails the ability of a former employer to enforce a...more

Don’t Go Overboard with Overbroad Non-Competes: Illinois Federal Court Strikes Down Non-Compete Clause

by Fisher Phillips on

Daniel Dumrauf was a Director with Medix Staffing Solutions, Inc., a Chicago-based staffing agency. Dumrauf worked at Medix’s Scottsdale, Arizona office. Dumrauf’s employment agreement contained a non-compete clause that...more

FRANCHISEE 101: A Sweet Non-Compete

by Lewitt Hackman on

A Florida federal court held that the non-compete provision in a chocolate shop franchise agreement was enforceable against an ex-franchisee operating a competing chocolate store at the former franchised location....more

Utah 2018 Legislative Report: Employment Law Developments

by Payne & Fears on

The 2018 General Session of the Utah Legislature saw significant developments in some areas of employment law, while in other areas Salt Lake City or other states implemented changes that may point to further action in future...more

Shifting Enforcement of No-Poaching Agreements

Fifteen months after the Antitrust Division of the Department of Justice (DOJ) announced its intention to criminally pursue no-poaching agreements — in which competitors agree not to recruit or hire each other’s employees —...more

Bad news for jackpot damages: Wrotham Park and the Supreme Court

by White & Case LLP on

The uncertain prospect of an award of "Wrotham Park" damages, seen by its critics as "jackpot damages", while being advanced by claimants who struggle to establish economic loss, has historically been unnerving for litigators...more

Top 10 issues to consider when employing people in the Netherlands

Pursuant to the guide “Doing Business in the Netherlands 2018” of the Dutch tax firm PwC there are many advantages of doing business in the Netherlands, such as a pro-business climate, its strategic location, attractive tax...more

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

by FordHarrison on

When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the...more

Brazilian Labor Courts Continue To Emphasize Importance Of Non-Compete Clause Limitations

by Jackson Lewis P.C. on

A recent Brazilian labor court ruling clarified the procedural requirements for employers drafting non-compete clauses in employment agreements. Although the Brazilian Federal Constitution establishes “freedom of work,”...more

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