News & Analysis as of September 24, 2024

Non-Compete Agreements › Settlement Agreements

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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 -

UK Employment Flash

Skadden, Arps, Slate, Meagher & Flom LLP on 7/29/2024

In this issue we discuss the new Labour government’s proposals to strengthen protections for employees; an Employment Appeal Tribunal decision that affirmed that an employee’s waiver of future claims that were unknown at the...more

Am I Bound by My Client’s Settlement Agreement? - McGlinchey Commercial Law Bulletin - March 8, 2024

McGlinchey Stafford on 3/11/2024

In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more

New York Legislators Have Been Busy: Employers Beware

Tarter Krinsky & Drogin LLP on 2/1/2024

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more

A Cautionary Tale from arrivia Inc. v. Rowley

Holland & Knight LLP on 11/30/2023

Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov....more

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on 11/1/2023

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

2023 New York State Legislature Concludes with Flurry of Activity Pertinent to New York Employers

Jackson Lewis P.C. on 7/27/2023

The 2023 New York State Legislature recently concluded its legislative session (after being called back for two weeks to consider certain pieces of legislation). The session ended with a flurry of activity relevant to...more

Microsoft Policy May Foreshadow Shifts in Employment Relationship

Parker Poe Adams & Bernstein LLP on 6/17/2022

Earlier this month, Microsoft announced three major changes to its employment practices for U.S. workers. First, Microsoft will no longer use or attempt to enforce non-competition covenants with its workers....more

Beware the Empty Chair in Marital Divorce Negotiations: Company Ownership Issues Should Be Considered in Divorce Settlements

Bradley Arant Boult Cummings LLP on 5/16/2022

Divorcing spouses often have a number of business issues to resolve, but one key aspect that is often overlooked takes place when divorce settlements involve the division of an ownership interest in a private company. ...more

Nevada Legislative Update: New Laws Employers Need to Know

Payne & Fears on 8/18/2021

The 81st session of the Nevada legislature concluded on June 1, 2021. There are several new laws that have immediate impact for Nevada employers. This article highlights some of the more important changes....more

North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer And Former Employee

Jackson Lewis P.C. on 4/14/2021

When one thinks of a “reasonable” temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades. But as a recent North Carolina decision reminds us,...more

The Employment Law Reporter - February 2021

Rivkin Radler LLP on 2/5/2021

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit. •A mediation agreement that...more

Ixchel Pharma, LLC v. Biogen, Inc.: Opening the Door to Non-Compete Agreements Between Businesses in California

Faegre Drinker Biddle & Reath LLP on 12/11/2020

In a recent decision, Ixchel Pharma, LLC v. Biogen, Inc., the Supreme Court of California opened the door for some restrictive covenants between commercial enterprises, but it left alone California law generally prohibiting...more

Someone Steal Your Confidential Information? You Might Just Be Out Of Luck

Womble Bond Dickinson on 12/17/2019

Where a business alleges that a former employee stole its confidential information and gave it to a competitor which then used it to compete, the business has no claim for unjust enrichment against the former employee or...more

FTC Settlement Agreement Demonstrates Commissioners’ Competing Views on Merger Non-Competes

McDermott Will & Emery on 10/7/2019

What Happened - • DTE and Enbridge’s natural gas pipeline joint venture, Nexus, agreed to purchase the Generation Pipeline (Generation). •Generation was owned by a group of sellers including North Coast Gas Transmission...more

NYAG Continues Scrutiny of Overbroad Non-Compete Agreements

Proskauer - Law and the Workplace on 10/9/2018

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

Ninth Circuit Confirms “No Re-Hire” Clauses Can Constitute Unlawful Restraints Of Trade In California

Seyfarth Shaw LLP on 10/2/2018

Back in 2015, we covered the divided holding of the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, that a “no re-hire” provision in a settlement agreement could constitute a restraint of trade in...more

California Non-Compete Law Renders Surgeon Settlement Agreement Unenforceable

Jackson Lewis P.C. on 8/20/2018

Answering a question left from a previous appeal in the same case, a divided panel of the U.S. Court of Appeals for the Ninth Circuit has concluded that a settlement agreement provision between a physician and his former...more

Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

Fisher Phillips on 8/14/2018

A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency...more

Lessons From The Waymo v Uber Trade Secrets Trial

Fisher Phillips on 2/13/2018

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

The New York Attorney General’s Crackdown on Non-Compete Agreements: What It Means for Companies

Akin Gump Strauss Hauer & Feld LLP on 8/31/2016

Background - Recently, the NYAG has turned quite a few heads by entering into a new legal arena: challenging non-compete agreements between companies and their employees. The NYAG settled two investigations brought...more

Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists

Mintz - Employment, Labor & Benefits... on 7/8/2015

A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act. A generic release contained in a settlement agreement won’t do...more

Employer's "No Re-Hire" Provision May Violate California's Non-Compete Laws

Hinshaw & Culbertson LLP on 4/9/2015

Pretty much everyone knows that California courts do not favor covenants not to compete. We even have our own state laws that address this very issue (Business & Professions Code section 16600). But what about provisions in...more

SEC Continues to Investigate Contractual Impediments to Whistleblower Complaints

Proskauer - Whistleblower Defense on 3/2/2015

As Rachel Louise Ensign reported earlier this week in the Wall Street Journal (subscription required), the Securities Exchange Commission (“SEC”) continues to probe obstacles to corporate employees blowing the whistle. This...more

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Non-Compete Agreements › Settlement Agreements

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