News & Analysis as of

Restrictive Covenants Unjust Enrichment

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

Seventh Circuit Rules Forfeiture-for-Competition Clauses Under Delaware Law Enforceable and Not Subject to Reasonableness Review

In 2021, LKQ Corporation (LKQ) filed suit against Robert Rutledge, its former plant manager, in the U.S. District Court for the Northern District of Illinois. LKQ alleged that Rutledge’s working for a competitor within nine...more

Baker Donelson

Top Developments in Trade Secret Law

Baker Donelson on

In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Cozen O'Connor

A Third Party in New Jersey May be Unable to Avoid Fee Awards Under an Exception to the American Rule

Cozen O'Connor on

As a cautionary tale, in Accounteks.Net, Inc. v. CKR Law, LLP, and Christian Montes, the New Jersey Appellate Court ruled on May 9, 2023, that, under an exception to the American Rule, a third party can be liable for...more

McGlinchey Stafford

Can I take Possession without a Lawsuit? - McGlinchey Commercial Law Bulletin - October 2022

McGlinchey Stafford on

Discovery Rule under UTSA New Technology Products v. Scotts Miracle-Gro., 3d Dist. Union No. 2022-Ohio-3780. In this appeal, the Third Appellate District affirmed the trial court’s decision to grant summary judgment to...more

Morris James LLP

Court Of Chancery Explains Scope Of Non-Compete Agreement

Morris James LLP on

Lyons Insurance Agency Inc. v. Wilson, C.A. 2017-0092-SG (September 28, 2018) - This is a good decision for its explanation of when a non-compete agreement will be enforced when it does not have a geographical limit....more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

Seyfarth Shaw LLP on

In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

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