The central component of Texas noncompete law that separated it from the pack is that the consideration needed to support a noncompete had to be related to the legitimate business interest sought to b...
Mass trade secret statute creates significant ambiguity for employers.
While everyone else gets their information by googling it, how does Google get its information? Well, according to Pay Pal, it steals it. Just two days ago (Friday, May 27, 2011 - for those reading...
Big happenings in France (well... in the world of noncompetes, anyway). In France, noncompetes arising our of an employment relationship are similar to those in other European countries that enfor...
After months of confusion, it is now official: Georgia has a new - and valid - noncompete law. The law will apply only to noncompete agreements entered into on or after May 11, 2011, and will permit G...
The BRR 50 State Noncompete Chart has been updated today (April 12, 2011) to reflect an update to South Carolina’s handling of overly broad restrictions. Specifically, the South Carolina Supreme Co...
Hairdressers have been held out as a prime example why noncompete reform is required in Massachusetts. Whenever the hairdressers are rolled out, however, those opposed to reform contend that courts â€...
For those of you interested in seeing a copy of the Massachusetts noncompete bill as it was filed, click here or on the image to the right. Remember that the goal of the Representatives sponsoring...
The bill in Massachusetts to codify, clarify, and modernize Massachusetts law relative to employee noncompetition agreements was re-filed today, with several significant changes from the prior version...
I don't think I've ever before provided just a link to another story, but, under the circumstances, just click here to see how squirrelly things have gotten in the world of noncompetes.  Enjoy!...
The BRR 50 State Noncompete Chart has been updated today (December 7, 2010) to reflect a clarification of Wisconsin’s rule on dealing with overly broad noncompete agreements. Click here to get the l...
Hank Mullany, former president of Walmart's northern U.S. division, reportedly left Walmart to head up CVS's retail pharmacy. In response, Walmart sued Mullany (Wal-Mart Stores Inc. v. Mullany, CA No...
For those interested in the status of and plans for the Massachusetts noncompete bill or Massachusetts noncompete law more generally, there are two up-coming discussions you may wish to attend. The...
Well, there continues to be a lot of discussion about Georgia's new noncompete law. The most recent discussion at this point is not about the substance, however. Rather, it's about whether the law is...
The 50 state survey of noncompete laws has been updated, primarily to reflect the change in Georgia law. It is available for download here. Please note that the chart will be periodically updated...
Well, the waiting is over. Georgia voters voted to change their constitution to permit noncompetes to be more enforceable. Georgia had been long known as one of the harder states in which to enforc...
When an employee is bound by a noncompetition agreement, it is rare for the noncompete to be the exclusive restriction on the employee's post-employment conduct. Rather, noncompetition agreements are...
The utility of a 50 state survey on noncompetes has come up at various points. So, I finally took it upon myself to create one and make it publicly available. The chart is a summary of employee noncom...
Rule 5.6 of the Rules of Professional Conduct (the rule prohibiting lawyers from being bound by noncompetes) and its analogue in the Canons of Ethics (DR 2-108(A)) have a noble purpose: Â the protecti...
Well, I guess it's not such a bad thing that my last post was about the HP/Oracle/Hurd dispute, as there's more to report. It's settled. No surprise there; most of these cases do settle - and settl...
Bad pun aside, Hewlett-Packard has sued its former CEO, Mark Hurd, who left HP last month and reportedly just joined Oracle as its new co-president. Â (A copy of the complaint if available here.) Â No...
When drafting restrictive covenants, including especially noncompetes and nonsolicitation agreements, companies should consider including a liquidated damages provision. Before the guffaws start, note...
Although the Massachusetts noncompete bill had made substantial progress since its introduction, many more pressing issues in need of urgent legislative attention took priority, leaving the bill stal...
For those interested in the current status on the pending legislation to reform noncompete law in Massachusetts, the Boston Bar Association will be hosting a symposium on noncompete reform. The paneli...