A Philadelphia County state court judge recently issued a preliminary injunction in favor of a law firm against a former associate enforcing a 60-day notice provision. In doing so, the Court ruled that the former associate could not work elsewhere for 60 days and could not solicit his former employer’s clients. If the decision is upheld and/or followed by other courts, it provides ammunition for employers to argue that notice provisions are not tantamount to non-competes.
Non-compete agreements tend to evoke strong reactions when brought up in conversation. Many people have strong opinions about whether they are favor or hinder fair competition. What do you think? Participate in our anonymous poll to share your opinion.
Parties to trade secret litigation often seek to shield their confidential information from the public record. One recent court observed that parties who seek to litigate in private should opt for arbitration.