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Non-Compete Agreements › Remedies

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 -
A&O Shearman

U.K. antitrust regime revamp

A&O Shearman on

The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules....more

Miles & Stockbridge P.C.

Minnesota Noncompete Ban in Effect

Miles & Stockbridge P.C. on

Earlier this month, we wrote about a bill passed by the New York State Assembly which, if signed by the governor, will prohibit nearly all noncompete agreements for workers in the state. Now, yet another state, Minnesota, has...more

Holland & Knight LLP

The "Inevitable Disclosure" Doctrine and the DTSA

Holland & Knight LLP on

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Upholds Application of California Labor Code To Contractual Forum-Selection and Choice-of-Law Clause To Keep Dispute...

Sheppard Mullin Richter & Hampton LLP on

This month, the Ninth Circuit’s decision in DePuy Synthes Sales v. Howmedica Osteonics  held that a U.S. district court in California properly invalidated a foreign choice-of-law and forum selection provision under California...more

Sheppard Mullin Richter & Hampton LLP

President’s Executive Order Aims to Foster a Competitive Marketplace

Sheppard Mullin Richter & Hampton LLP on

On July 9, 2021 President Joe Biden issued an Executive Order on Promoting Competition in the American Economy, which urges the Attorney General and Federal Trade Commission (FTC) to curb the use of non-compete and no-poach...more

Pillsbury Winthrop Shaw Pittman LLP

Virginia Makes Significant Changes to State Employment Laws

Pillsbury Winthrop Shaw Pittman LLP on

Virginia employers must comply with a host of new employment laws. Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees. These changes...more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (and Probably Don’t) About Covenants Not to Compete - Texas

Bradley Arant Boult Cummings LLP on

A key employee just left. He was intimately involved in a major transaction. He knows all the secrets of a $40 million deal. To make matters worse, he is going to a competitor. You have a non-compete – what can you do? Or,...more

Proskauer - Law and the Workplace

Virginia Employers Get Ready: New Laws Dramatically Expand Employee Protections and Employer Liability in the Commonwealth

Proskauer - Law and the Workplace on

In the wake of Virginia voting in Democratic majorities in both houses of the state legislature last year, the Virginia legislature has passed, and Virginia Governor Ralph Northam has signed into law, a slew of new measures...more

Proskauer - Law and the Workplace

NYAG Continues Scrutiny of Overbroad Non-Compete Agreements

Proskauer - Law and the Workplace on

The New York State Office of the Attorney General (“NYAG”), working with the Illinois Attorney General, announced on September 18, 2018 that it had reached a settlement with WeWork Companies, Inc. (“WeWork”) regarding its use...more

Lewitt Hackman

FRANCHISOR 101: Injunction Bottleneck

Lewitt Hackman on

A restaurant franchisor, World of Beer Franchising ("WOB"), recently lost an appeal to enforce a post-termination restriction against a franchisee launching a competing business. Both the trial and appellate court ruled...more

Burns & Levinson LLP

Be Careful When Using Liquidated Damages with Your Non-Compete Clause

Burns & Levinson LLP on

As I have counseled many clients, a non-compete provision is different than most other contractual terms, because simply having mutual consent and consideration will not automatically render it enforceable for reasons of...more

Zuckerman Spaeder LLP

Swimming Pool Company’s Non-Compete Claim Takes a Dive

Zuckerman Spaeder LLP on

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

Spilman Thomas & Battle, PLLC

An Argument for the Use of Stock Options with Forfeiture Clauses for Breach of Duty of Loyalty

Spilman Thomas & Battle, PLLC on

Introduction Jimmy John’s In 2014, Emily Brunner (“Brunner”) and Caitlin Turowski (“Turowski”) filed a complaint in Illinois against the sandwich company, Jimmy John’s, and its franchise affiliates. The complaint was amended...more

Benesch

Protecting Trade Secrets: A New Arrow in the Quiver

Benesch on

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

Seyfarth Shaw LLP

Alabama Revises Non-Compete Statute In Effort to Provide Additional Clarity

Seyfarth Shaw LLP on

On June 11, 2015, Alabama’s Governor signed into law legislation that revises the state’s non-compete statute, which is found in Section 8-1-1 of the Code of Alabama. The effective date for these changes is January 1, 2016. ...more

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