Joel Andersen

Nilan Johnson Lewis PA

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Latest Posts › Non-Solicitation Agreements

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My Mom is a Client. When I Move Firms, Can I Wish Her Happy Birthday? How Restrictive Covenants and Trade Secret Laws Can Impact...

We defend many financial advisory firms and individuals in restrictive covenant and trade secret litigation. When an advisor moves from one firm to another, we help manage legal risk, and, if necessary, defend against the...more

12/14/2023 / Confidential Information , Employee Handbooks , Employment Policies , Financial Adviser , Misappropriation , Non-Disclosure Agreement , Non-Solicitation Agreements , Restrictive Covenants , Trade Secrets

Post-Hire Advice-of-Counsel—Why the Justification Defense Can Be Used in Ongoing Restrictive Covenant Litigation

Hiring an applicant who has a non-compete or non-solicit agreement with a prior employer creates risk for the both the individual and the new employer. The prior employer can sue both the applicant for violating the contract...more

12/5/2023 / Advice-of-Counsel Defense , Jurisdiction , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants , Tortious Interference

Minnesota Again Considers Banning Non-Competes

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

1/20/2023 / Biden Administration , Employment Contract , Executive Orders , Federal Trade Commission (FTC) , FTC Act , Non-Compete Agreements , Non-Disclosure Agreement , Non-Solicitation Agreements , Notice of Proposed Rulemaking (NOPR) , Restrictive Covenants

Minnesota to Ban All Non-Competes and Non-Solicits?

The Minnesota legislature is currently considering HF 3673, which purports to ban all non-compete agreements with all employees, and may also ban all customer non-solicit and non-disclosure agreements. The language of the...more

3/2/2020 / Employment Contract , Hiring & Firing , Non-Compete Agreements , Non-Disclosure Agreement , Non-Solicitation Agreements , Proposed Legislation , Restrictive Covenants

In-House Lawyers Can Be Subjected to Restrictive Covenant Agreements, A Recent Decision Suggests

Lawyers generally believe non-competes don’t apply to the profession. That’s mostly true, including for in-house counsel. A recent court decision calls this into question....more

5/9/2019 / Carve Out Provisions , Contract Drafting , Contract Terms , Corporate Counsel , Employment Contract , Ethics , Former Employee , Non-Solicitation Agreements , Restrictive Covenants

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