News & Analysis as of

Scope and Duration of Restrictive Covenant

Brownstein Hyatt Farber Schreck

Aug. 10 Arrival: Colorado’s Non-compete Changes Are Effective

Effective today, Aug. 10, 2022, the Colorado Legislature’s significant changes to the state’s noncompetition and restrictive covenants statute become effective. The Restrictive Employments Agreement Act (“Act”) (HB 22-1317)...more

Dunlap Bennett & Ludwig PLLC

Key Aspects of a Non-Disclosure Agreement (NDA)

A non-disclosure agreement (“NDA” or “confidentiality agreement”) is a legally enforceable contract that creates a duty for one or more parties to keep certain information confidential. The party disclosing the confidential...more

Fox Rothschild LLP

Florida Noncompete Agreements: Reasonable Duration Of Noncompete Restraint

Fox Rothschild LLP on

In order to be enforceable, must be reasonable in both the duration and scope. Duration refers to the length of time for which a noncompete agreement remains valid and enforceable. Scope, on the other hand, refers to the...more

Jackson Lewis P.C.

Oregon Amends Restrictive Covenant Statute To Further Limit Employers’ Use

Jackson Lewis P.C. on

Oregon law on permitted covenants not to compete has been amended to void nonconforming agreements and limit such agreements to employees making at least $100,533, among other changes...more

Lewitt Hackman

Franchisor 101: (Non)Competing for Care

Lewitt Hackman on

A U.S. Court of Appeals upheld a federal district court decision partly granting a preliminary injunction sought by a companionship and domestic care services franchisor against a former franchisee, for violating the...more

Proskauer - Law and the Workplace

Louisiana Expands Scope of Non-Competes Law to Include Partners, Shareholders and LLC Members

Louisiana’s amended non-competition statute (La. R.S. 23:921), which meaningfully expands the application of employment-related non-compete restrictions within the state, went into effect on August 1, 2020.  This amendment...more

Lewitt Hackman

Franchisor 101: Taking the Red Pill on Non-Competes

Lewitt Hackman on

Franchisors and franchisees in California have long conducted themselves based on precedent that voids post-termination covenants against competition in a franchise agreement in California. Recently, a franchisor’s ability to...more

Faegre Drinker Biddle & Reath LLP

Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions

A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC...more

White & Case LLP

How long is too long? Construing non-compete restrictions in shareholders’ agreements

White & Case LLP on

Non-compete restrictions for key stakeholders are common in shareholders' agreements. In Guest Services Worldwide v Shelmerdine, the Court of Appeal upheld a 12-month post-departure restriction, rejecting arguments that...more

Jaburg Wilk

Are Non-Compete Provisions Enforceable in Arizona?

Jaburg Wilk on

A non-compete agreement, which is often referred to as a “restrictive covenant,” attempts to preclude an employee from working for a competitor or undertaking a new business venture that would compete with a former employer....more

Jaburg Wilk

Are Non-Solicitation Agreements Enforceable in Arizona?

Jaburg Wilk on

In Arizona, non-solicitation agreements may be enforceable if they are “reasonable.” This means employers may be able to prohibit an employee from soliciting other employees and customers/clients for a period of time. It is...more

Jaburg Wilk

Are Non-Compete Agreements Enforceable in Arizona?

Jaburg Wilk on

In Arizona, non-compete agreements may be enforceable if “reasonable.” In determining whether a non-compete is “reasonable,” courts evaluate several factors, none of which are controlling. The factors are....more

Jaburg Wilk

Employment Non-Competition Covenants- What Law Applies and Why The Answer To That Question Is So Important

Jaburg Wilk on

Many Arizona employees are often subject to non-compete agreements, or “covenants,” in which the employee agrees in advance to not compete with his or her employer for some time after leaving or being terminated by the...more

Holland & Knight LLP

Washington Law Limits Enforceability of Noncompete Clauses

Holland & Knight LLP on

Washington Gov. Jay Inslee recently signed House Bill 1450, which limits the enforceability of noncompete clauses in written and oral employment contracts between employers on one hand and employees and independent...more

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Proskauer - Law and the Workplace

Non-Competes in Washington – Over-Reaching Could Cost Employers

Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January...more

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

Payne & Fears on

Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

Lewitt Hackman

Franchisee 101: Rules of the Road

Lewitt Hackman on

An ex-franchisee of a vehicle transportation and shipping management franchise was enjoined by a federal court, for two years, from operating a competitive business at its former location in Virginia or anywhere the...more

Proskauer - Law and the Workplace

NYAG Continues Scrutiny of Overbroad Non-Compete Agreements

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

Payne & Fears

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

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

Franczek P.C.

Restriction Friction: Illinois And New York Attorneys General Finalize Settlement With WeWork That Limits Noncompetition...

Franczek P.C. on

On September 18, 2018, Illinois Attorney General Lisa Madigan and New York Attorney General Barbara Underwood reached a settlement with WeWork a shared offices company that provides services around the world. Illinois and New...more

Sunstein LLP

August 2018 IP Update - Non-Competition Agreements: Massachusetts Meets California Halfway

Sunstein LLP on

California has long led the nation in its disdain for noncompetition agreements. Pressed by venture capitalists who believe that this gives California an advantage over other states, the Massachusetts legislature has finally...more

Proskauer - Law and the Workplace

[Podcast]: New Non-Compete Law in Massachusetts

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Samantha Regenbogen discuss significant reforms to Massachusetts law that will apply to non-competition agreements as well as adopting the...more

Proskauer - Law and the Workplace

Massachusetts Passes Non-Compete Reform Law

On August 10, 2018, Massachusetts Governor Charlie Baker passed a bill making significant reforms to Massachusetts’ law regarding non-compete agreements, as well as adopting the Uniform Trade Secrets Act (“UTSA”) (joining 48...more

Payne & Fears

Nevada Supreme Court Affirms That Non-Compete Agreements Must be Limited in Geographical Scope

Payne & Fears on

Although rules against broad geographic restrictions in non-compete agreements may be outmoded or “hopelessly antiquated” in this digital age (see Accelerated Care Plus Corp. v. Diversicare Mgmt. Servs. Co., No....more

34 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide