News & Analysis as of

Restrictive Covenants

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

Proposed Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing Muncie,...

The United States Environmental Protection Agency (“EPA”) public noticed in the April 17th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 83 Fed. Reg. 16853. The PPA concerns the Manual...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

Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill

by Jackson Lewis P.C. on

This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017 (See articles dated December 27, 2017, and March 2, 2018). On April 17, 2018, the Joint Committee on...more

Colorado Non-compete Law for Physicians Amended To Allow Continuing Treatment For Rare Disorders

The Colorado legislature recently added a paragraph to the state statute that governs non-compete agreements to permit physicians to continue to treat patients with rare disorders without liability. Signed into law by...more

A "Rare" Amendment: Colorado Amends its Non-Compete Statute for the First Time Since 1982 to Protect Physicians Treating Patients...

by Littler on

Senate Bill 18-082 amends Colorado's non-compete statute to clarify that physicians may disclose their continuing practice and provide new contact information to any of their patients who have a “rare disorder.” ...more

Did Your Non-Compete Agreement Just Get Laid Off?

by Fisher Phillips on

Imagine this scenario: Like most businesses, you have undergone the effort and expense of recruiting quality talent to join your workforce. After employment offers are extended and accepted, you provide valuable training to...more

Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation

by Jackson Lewis P.C. on

In the past week, two states have made modifications to their respective non-compete laws. On March 27, 2018, Utah imposed special restrictions on the use of non-compete agreements in the broadcasting industry. One day...more

M&A 101: Key Concepts in Non-Disclosure Agreements

by Faegre Baker Daniels on

Contemplating an M&A transaction? Negotiating a confidentiality agreement, often referred to as a non-disclosure agreement or “NDA,” is one of the first steps in the M&A process. Although NDA negotiations may seem like a...more

Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection

by Ward and Smith, P.A. on

You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your dream has become reality, however, and your business starts to grow, it will not be successful for very...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

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

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

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

by McAfee & Taft on

Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...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

Can Silicon Valley Keep a (Trade) Secret?

by Fisher Phillips on

The simplest, most valuable, yet commonly overlooked piece of advice any trade secret owner can receive is this: Protect yours trade secrets! It seems crazy that this simple advice warrants repeating, but apparently, it does,...more

Restrictive Covenants Place In-House Attorneys in a Real Predicament – But Are They Enforceable?

by Fisher Phillips on

Employers enter into restrictive covenants with members of their workforce to protect their trade secrets and confidential information, particularly with employees who have access to such information. As in-house counsel...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

Recent Legislation Further Limits School District Options in Connection with the Sale of Excess Property

by Miller Canfield on

Legislation enacted in 2017 and amended last month significantly expands the range of prohibitions on a school district’s ability to influence the future use of real property that it sells or transfers. When disposing of real...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

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

The Broker Protocol: End of an Era?

by Womble Bond Dickinson on

Morgan Stanley and UBS – two of the largest wirehouses in the United States – recently withdrew from the Protocol for Broker Recruiting Agreement, commonly referred to as the “Broker Protocol.” This move has raised much...more

Wisconsin Supreme Court Applies Non-Compete Law To Invalidate Anti-Poaching Covenant

by Jackson Lewis P.C. on

On January 19, 2018, a divided Wisconsin Supreme Court held that an employee non-solicitation covenant was overly broad and unenforceable under state law. In the decision, entitled The Manitowoc Company, Inc. v. Lanning, Case...more

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