A recent medical device case shows that an employer could lose the benefit of a forum-selection clause by failing to sue its former employee along with the new employer at the outset of the case. Unfortunately, in this case, the decision not to do so had dire consequences for the employer.
Forum-selection clauses can have a drastic impact on the outcome of non-compete litigation where there can be significant differences between states, and the Alabama Supreme Court just weighed in.
According to a recent Gallup poll, thirty-seven percent (37%) of U.S. workers report that they telecommute or otherwise work remotely. Indeed, due to advances in technology, many employees never report to an office of their employer, but instead use technology to conduct business on behalf of their employer from a remote location. Remote employment, however, raises challenges that the law is just now beginning to resolve. One such challenge is ...
Good mergers can turn bad without attention to employee retention -- be sure to carefully analyze the existence and enforcability of non-competes signed by key employees early in the process.