News & Analysis as of

Non-Solicitation Agreements

Weiner Brodsky Kider PC

10th Circuit Affirms Jury Verdict Against Former Title Company Employees for Breach of Non-Compete and Non-Solicitation Provisions...

by Weiner Brodsky Kider PC on

On October 9, 2018, the Court of Appeals for the Tenth Circuit affirmed a jury verdict of over $2.7 million in compensatory damages against former title company employees who breached their employment agreements when they...more

FordHarrison

Non-Compete News: In Georgia, Whether It Is a Non-Compete or a Non-Solicit Makes All the Difference

by FordHarrison on

Georgia’s Restrictive Covenants Act (the “RCA”) became effective in May 2011, but it took nearly six years before a court published a decision interpreting the statute in the context of a non-competition provision....more

Womble Bond Dickinson

New Developments In Non-Competes

by Womble Bond Dickinson on

...In an industry so focused on the development and promotion of personalities and distinguishing its information and entertainment from the competition, talent non-competition agreements can be critical. But, as the saying...more

Payne & Fears

Arizona Employers, What Exactly Does Your Non-Solicitation Agreement Prevent?

by Payne & Fears on

Non-solicitation agreements are commonly used by employers to restrict former employees from soliciting clients following termination of the employment relationship. Courts throughout the country have different takes on the...more

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

Massachusetts Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants

With Massachusetts’s comprehensive noncompete law taking effect on October 1, 2018, many employers are reviewing and likely revising their restrictive covenants to ensure that they are compliant with the new law. In...more

Foley Hoag LLP

SJC Refuses to Enforce Massachusetts Non-Compete on California Employee

by Foley Hoag LLP on

On September 7, 2018, the Massachusetts Supreme Judicial Court refused to enforce a non-competition and non-solicitation agreement between a Massachusetts company and its California-based former employee who joined the...more

Sullivan & Worcester

Massachusetts Non-Compete Changes Looming

by Sullivan & Worcester on

The recently enacted Massachusetts economic development package includes new restrictions on (but does not outright prohibit) the use of non-compete agreements in Massachusetts. The new law, which will amend M.G.L. c. 149...more

Holland & Knight LLP

New Massachusetts Laws Governing Trade Secrets and Noncompete Agreements

by Holland & Knight LLP on

New Massachusetts laws govern the protection of trade secrets and the enforceability of noncompete agreements. Massachusetts Gov. Charlie Baker recently signed into law the state's version of the Uniform Trade Secrets Act...more

Roetzel & Andress

The Humpty Dumpty Defense Does Not Work For Hospital In Union Organizing Campaign: The Importance Of Carefully Drafting A...

by Roetzel & Andress on

“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different...more

Holland & Knight LLP

Massachusetts Enacts Law on Noncompete Agreements

by Holland & Knight LLP on

• Massachusetts Gov. Charlie Baker recently signed into law the Massachusetts Noncompetition Agreement Act (Act), governing noncompetition agreements signed on or after Oct. 1, 2018, by employees and independent contractors...more

Pepper Hamilton LLP

Recent FTC Settlement Confirms Enforcement Priority to Protect Employees From Employer Collusion

by Pepper Hamilton LLP on

On July 31, the FTC published its settlement with Therapy Source, LLC; its owner, Sheria Yarbray; and Neeraj Jindal, the former owner of a competing staffing company — Integrity Home Therapy (collectively, the respondents)....more

Lewitt Hackman

FRANCHISOR 101: No Poach for You

by Lewitt Hackman on

Franchise agreements commonly prohibit the franchisee from soliciting or hiring workers employed by the franchisor or other franchisees. This may take the form of “no-hire” or “no-switching” clauses that prohibit hiring each...more

Jackson Lewis P.C.

Massachusetts Legislature (Finally) Passes Non-Compete Law

by Jackson Lewis P.C. on

The Massachusetts Legislature, at long last, has passed a bill regulating the use and enforcement of non-compete agreements in the private sector. Once “An Act relative to the judicial enforcement of noncompetition...more

Fisher Phillips

States Look for New Angle to Fight No-Poach Agreements

by Fisher Phillips on

Attorneys general in ten states and the District of Columbia have recently launched an investigation into the employment practices of eight fast-food franchises. The group sent a joint letter to the companies requesting...more

Foley & Lardner LLP

Non-Compete: Who is the Bad Actor?

by Foley & Lardner LLP on

Against the backdrop of a continuing trend of low rates of unemployment throughout the United States, there has been a recent surge of people searching for new and better jobs. As a result, there has also been increased...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Mortgage Loan Officers Owe a Fiduciary Duty to Employer

The Office of the Comptroller of the Currency (“OCC”) recently entered into a consent order with a mortgage loan officer (“MLO”) who was employed at a national bank in Illinois. The facts state that in January of 2015, the...more

McGuireWoods LLP

The Broker Protocol’s Demise — Imminent or Greatly Exaggerated?

by McGuireWoods LLP on

For 14 years, the Protocol for Broker Recruiting has allowed financial advisors to leave their employer firms and take specific client information with them without fear of a retaliatory lawsuit. Recently, however, the...more

Fisher Phillips

Illinois Court Confers Another Win for Employees in Non-solicitation and Trade Secrets Case

by Fisher Phillips on

In a recent decision, the Northern District of Illinois continued its trend of invalidating employment agreements, this time in regard to a non-solicitation provision it determined to be overbroad. In Call One, Inc. v....more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

by Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

GableGotwals

Gavel to Gavel: Limit set on non-solicitation provisions

by GableGotwals on

The Oklahoma Court of Civil Appeals issued an opinion in February interpreting the Oklahoma statute that governs non-compete and non-solicitation contract provisions. Originally published in The Journal Record - May 30,...more

Fisher Phillips

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

Carlton Fields

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

CloudNine

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

JAMS

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

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Updates to This Policy

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Contacting JD Supra

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