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Restrictive Covenants › Business Court

Constangy, Brooks, Smith & Prophete, LLP

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Constangy, Brooks, Smith & Prophete, LLP on

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing...more

Parker Poe Adams & Bernstein LLP

North Carolina Business Court Dismisses Overbroad Non-Compete

Parker Poe Adams & Bernstein LLP on

When we are asked by a client to review their form employee non-competition agreement, we often see companies using documents found on the internet that were clearly written for use in states other than North Carolina. Last...more

FordHarrison

Non-Compete News: Restrictive Covenant Act Case Decided by Georgia State-Wide Business Court

FordHarrison on

In May 2011, Georgia’s Restrictive Covenant Act (OCGA 13-8-50 et seq.) (“RCA”) became effective and applied to all agreements executed on or after May 11, 2011. In 2020, the Georgia State-wide Business Court (“Business...more

Womble Bond Dickinson

Limiting Access to Non-Specialized Suppliers Can Be a Legitimate Business Interest

Womble Bond Dickinson on

Where a business’ non-compete employment agreement precluded its former employee from contacting its suppliers, such restriction could constitute a legitimate business interest. KNC Technologies v. Tutton, 2021 NCBC 25 (J....more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Womble Bond Dickinson

Indefinite Covenants Within License Agreement May Not Be Enforceable

Womble Bond Dickinson on

Where a software license agreement precluded the licensee from developing similar software for an undefined period of time, the license agreement inhibited “free trade” and was therefore unreasonable and unenforceable. Triage...more

Maynard Nexsen

North Carolina Business Court Addresses Consideration Requirement for Covenant Not to Compete

Maynard Nexsen on

In American Air Filter Co., Inc. v. Price, No. 16 CvS 13610, 2017 WL 2797794 (N.C. Super. Ct. June 26, 2017), the plaintiff’s former employee signed an employment agreement that renewed automatically each year. The agreement...more

Brooks Pierce

There's A Difference Between "Confidential And Proprietary Information" And A Trade Secret

Brooks Pierce on

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more

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