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Non-Compete and Trade Secrets Blog

Posts tagged Non-Compete.

On Feb. 24, 2017, at the University of Denver, come join Fisher Phillips attorneys and a prominent of practitioners and state and federal judges at the first ever conference on the new Defend Trade Secrets Acts (DTSA), which became effective in mid-2016.

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.

When a company buys the assets of another, can those assets include the right to enforce a non-compete agreement?

A Kansas employer sees its choice-of-law provision invalidated, has to proceed under Wisconsin law, and survives to tell the tale!

As a management-side labor and employment law firm with a national practice, we often deal with companies who have operations in multiple states throughout the country.  These same companies are often frustrated in their desire for consistent management and human resources practices because of the differing laws in the states in which they do business.  Nowhere have these companies felt this frustration more than in regard to the multi-varied state laws regarding the enforcement of non-competes.  Companies that want a single standard for non-competes for all of their employees often find themselves unable to implement such consistent standards without running afoul of an individual state’s limitations on the enforcement of such non-competes.

One of the most frequent Texas non-compete questions I am asked is whether an employee and employer can enter an enforceable non-compete agreement at the time of termination.

It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect.  Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state lawyers and businesses) one of the hardest states in which to enforce a restrictive covenant. As the Georgia Supreme Court stated in a a self-deprecating manner in Fuller v. Kolb, "Ten Philadelphia lawyers could not draft an employer-employee restrictive covenant agreement that would pass muster under the recent rulings of this court."  (No one knows why Justice Ingram selected Philadelphia as the home of the most astute lawyers in the country, but I'm sure that the lawyers in our Philadelphia office would whole-heartedly agree.)  The Georgia Supreme Court made this comment in 1977, well before the case law on restrictive covenants proliferated and became difficult for all but the most experienced practitioners to navigate.

On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing adequate consideration for a restrictive covenant signed by an employee. In Socko v. Mid-Atlantic Systems of CPA, Inc., the Court considered whether a non-compete agreement signed by Socko with Mid-Atlantic following the ...

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