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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 -

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

No-Poaching Agreements Under DOJ’s Microscope: Criminal Indictments May Be Next

by Epstein Becker & Green on

In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its...more

Employee Non-Solicitation And No-Hire Covenants? What’s The Scoop, California?

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

"Diversity Trade Secrets" Lawsuit Is Over, Almost Before It Began.

According to March 5 press reports, IBM and its former Chief Diversity Officer, Lindsay-Rae McIntyre, have agreed to a settlement of their dispute. As I reported last week, IBM sued Ms. McIntyre, who had resigned from IBM to...more

Top Developments And Headlines In Trade Secret, Computer Fraud, And Non-Compete Law In 2017 And What We Expect In 2018

by Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more

3 Tips For Effective Restraints Of Trade

by Seyfarth Shaw LLP on

Recently a number of stoushes about the enforcement of post-employment restraints of trade – including one that captivated the legal industry for many months last year – have played out publicly....more

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

by Fisher Phillips on

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

Massachusetts Legislature Close To Deal On Non-Compete Law?

by Jackson Lewis P.C. on

The Massachusetts Legislature, after a decade of attempts, may pass restrictions on the use of non-compete covenants in the Commonwealth. The co-chairmen of the Joint Committee on Labor and Workforce Development, Senator...more

Keeping Pace in the Fast-Moving World of Trade Secrets and Employee Mobility

by Epstein Becker & Green on

In managing workforces, particularly when addressing employee turnover, employers often find themselves facing issues regarding how best to safeguard their confidential business information and how to protect their...more

FRANCHISEE 101: Til Expiration Do Us Part

by Lewitt Hackman on

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

An Easy and Effective Way for Employers to Protect Themselves

by 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

Is HR/Diversity Information A Trade Secret?

Why not? On February 12, IBM filed suit against its former Chief Diversity Officer, Lindsay-Rae McIntyre, for breach of her one-year noncompete provision. The lawsuit, filed in federal court in New York, claims that Ms....more

Colorado General Assembly To Consider Immigration, Paid FMLA, and Other Employment Bills

by Holland & Hart LLP on

The Colorado General Assembly convened on January 10, 2018 for its regular session. Between now and its scheduled May 9, 2018 adjournment date, the House and Senate will consider numerous employment-related bills. Although...more

Washington State’s Legislature Rains On Non-Compete Critics’ Parade Yet Again

by Seyfarth Shaw LLP on

For the third year in a row, the Washington state legislature failed to pass non-compete legislation, declining to take action on two separate bills that would have severely restricted employers’ ability to enforce former...more

Utah Legislative Update: 2018 - Part One

by Holland & Hart LLP on

Utah’s Legislative session is underway. This annual event is a test of legislative speed and immune system stamina! It’s a special political-Olympic event that takes place over seven weeks of intense debate and budget...more

Massachusetts Outlook: The Remainder of the 2017-2018 Legislative Session

With the end of the 2017-2018 legislative cycle fast approaching, Beacon Hill’s agenda for the coming months has begun to take shape. All major policymaking will need to be concluded by the end of formal sessions on July 31,...more

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In...

by Dickinson Wright on

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2017

by Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law....more

Employees Again Sue Jimmy John's Based on Hiring Restriction

A few years ago, the Jimmy John’s sandwich restaurant chain ran into problems over noncompetition agreements entered into with hourly workers at its franchisees’ stores. Several state attorneys general contended that...more

Lessons From The Waymo v Uber Trade Secrets Trial

by Fisher Phillips on

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

UK Employment Law Briefing: February 2018

by Locke Lord LLP on

EQUAL PAY - We covered the Gender Pay Gap Reporting Regulations (“the Regulations”) in May last year. As we identified then, the interesting issue in the short term deriving from the Regulations is the extent to which...more

HRMA Perspectives publishes "Non-Compete Reform in Massachusetts: 2018 Could be the Year"

by Bowditch & Dewey on

On October 31, 2017, the Joint Committee on Labor and Workforce Development held a hearing on six separate bills to regulate non-competition agreements within the Commonwealth. While the bills differ somewhat in substance,...more

2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

by Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Careful Drafting Required: Restrictions on Employee Solicitation Subject to Wisconsin Non-Compete Law

Many employers want to prevent their trusted employees from leaving the company and poaching their employees. In Manitowoc Company, Inc. v. Lanning, No. 2015AP1530 (January 19, 2018), the Supreme Court of Wisconsin examined a...more

How “Similar” is Similar Enough for New York Law to Trump a Choice-of-Law Provision?

In WL Ross & Co. v. Storper,[1] a recent Commercial Division decision involving the private equity firm founded by U.S. Secretary of Commerce Wilbur Ross, Justice Andrea Masley suggested that New York courts can disregard...more

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