Managing Employment Issues in M & A Deals
Kathlyn E. Noecker of Faegre & Benson LLP
This article reviews important employment considerations companies should consider when acquiring or merging with another company.
Walking the Workplace Privacy Tightrope: Seizing Your Rights as an Employer--Without Violating Those of Your Employees
Norman H. Kirshman
I.INTRODUCTION: Employers' concerns in today's workplace cannot be limited to production, profits and competition..
Enforceability of Non-Compete and other Restrictive Covenants In Employment Agreements
David L. Turner of Schulten Ward & Turner, LLP
Many employers utilize employment contracts which contain restrictive covenants in order to protect their .
Court Upholds Covenant Not to Compete
On June 4, 1998 the United States District Court for the District of Maryland upheld a covenant not to compete cont.
Gear Up Your Company?s Non-Compete Agreements
Ryan Griffitts of Thompson, Coe, Cousins & Irons, LLP
This article lays out some questions that will help you determine whether there may be some problems with your non-compete covenants.
Non-Competition Restrictive Covenants and Territorial Limitations
Steven Macklin Mills of Steven M. Mills, P.C.
It is important to keep abreast of the ever-evolving law pertaining to non-competition restrictive covena.
Thanks, Boss. GoodbyeÃÂ
Daniel C. Urban of Arter & Hadden LLP
Have you ever considered what effect the loss of a key employee to a competitor might have on your business. Don't think it will happen to your company? Think again. It will.
Will Non-competes Be Enforced in the Internet Age?
Mark A. Jacoby and Brian D. Carlson of Weil, Gotshal & Manges LLP
This article reviews recent case law relating to the enforcement of restrictive covenants and provides several observations that an employer should observe in drafting a covenant not to compete.
I'm Out of HereÃÂ
Todd J Katz of Schlossberg & Associates P.C.
We are all faced at one time in our business life when our key employee says "I'm leaving to work for a competitor".
Enforceable Covenants Not To Compete
Wayne S. Moskowitz of Maslon Edelman Borman & Brand, LLP
Employers frequently require their employees to execute employment agreements that contain covenants not to compete. Each state has its own laws regarding whether such covenants may be enforced, and under what circumstances. Minnesota's law is fairly consistent with the laws of most other states.
Mergers & Acquisitions: Post-Employment Restrictive Covenants In the Acquisition Context
Roy A. Ginsburg of Dorsey & Whitney LLP
Care should be given to evaluating whether postemployment restrictive covenants will be enforceable after an acquisition. At a minimum, this evaluation should encompass the issue of whether the restrictive covenant has an assignment clause, and the five other key questions listed in this article.
New Jersey Supreme Court Holds That Employee's Termination For Refusing To Enter Into Non-Compete Agreement Is Not Actionable Because It Does Not Violate Public Policy
Gary S. Prish of Littler Mendelson, P.C.
In an important decision favoring employers, the New Jersey Supreme Court held that an employee did not have a cause of action for unlawful retaliatory discharge under the New Jersey Conscientious Employee Protection Act , even though she was fired for refusing to enter into an agreement containing post-employment restrictions. While New Jersey employers may still condition an employee's continued employment on his or her agreement to be bound by post-employment restrictions, Maw reaffirms that employers must continue to be cautious in drafting such agreements.
Enforcing Noncompetition Agreements Across State Lines: The California and Texas Problems
William Z. Pentelovitch of Maslon Edelman Borman & Brand, LLP
As technology continues to advance protection of employers' trade secrets and good will has become increasingly more important. An ever-increasing number of employers now use written noncompetition agreements to protect their legitimate interests in their intellectual property, their trade secrets and their goodwill. While noncompetition agreements are disfavored in law because they constitute restraints of trade, they can be enforced with relative ease in the majority of states if certain fundamental requirements-which differ only slightly from state-to-state-are satisfied.
Massachusetts: Material Change in Employment Relationship Could Invalidate Prior Restrictive Covenant
Christopher J. Perry,Laurie Drew Hubbard and Erin M. Reid of Littler Mendelson, P.C.
For years, commentators have viewed Massachusetts as neutral territory for the enforcement of noncompete agreements. An employer’s need to protect its most important assets, including the company’s strategic vision, customer base, and trade secrets, has been delicately balanced against employees’ desire to shift alliances in an increasingly transient work environment. Whereas some states, such as New York, passively accept noncompetes, other states are outwardly hostile.
Protecting your Business through Noncompetition and Confidentiality Agreements
Randall P Sutton of Saalfeld Griggs PC
This article discusses the reasons why an employer should carefully draft and require each employee to sign an noncompetition and confidentiality agreement.
Wisconsin Supreme Court Strikes Down "No-Hire" Provision Governing Temporary Employees
Jeffrey O. Davis and Jeffrey Morris of Quarles & Brady LLP
”No hire” agreements have come under scrutiny because of their effect on individual employees, who are essentially boundÃÂor at least greatly affectedÃÂby a contract to which they were never a party and which they may not have even known existed.
Non-Competition Agreements
Hart, King & Coldren
Many of our clients have inquired in recent years whether non-competition agreements are actually legally binding..
Labor & Employment Update--May/June 1998
Brobeck Phleger & Harrison LLP
This special labor and employment report focuses on the impact of the Y2K bug will have in an employment context.
Non-Compete Agreements After An Acquisition: Are They Enforceable?
Richard M. Jordan of White and Williams LLP
Many companies view their key executives and sales people as assets to be preserved and maintained, recognizing that these individuals add value to the organization. In an attempt to keep those assets out of the hands of competitors, companies often turn to non-compete agreements. When companies are acquired, however, a question arises as to whether or not the acquiring company will be able to benefit from these covenants not to compete.
Recruiting an Employee without a Non-Compete Agreement from a Former Employer can Still be Harmful to Your Business HealthÃÂ
Dykema Gossett PLLC
Employers who recruit high level managers, sales, or technical personnel from competitors typically assume that, un.
Noncompetition Agreements--New Trends and Old Dilemmas
Steven C. Lanza of Onebane Law Firm
From a litigation standpoint, it seems that noncompetition agreements have recently eclipsed almost every other typ.
Noncompetition Agreements
Goldsmith Law Firm
The desire of employers to keep their employees from competing with them has been a source of much litigation.
Protecting Trade Secrets -- Part II (Using Non-Compete Agreements)
Duff, White & Turner, LLC
In last month's legal alert memo, we explained how employers can prevent trade secret theft by requiring .
Increasing Mobility of Technical Employees Raises Intellectual Property Stakes
Margaret K. Savage of Briggs & Morgan
Some of your company's most important assets may be locked in the minds of key technical employees. If you do no.
Investment Manager's Non-Compete is Litigated
Paul, Hastings, Janofsky & Walker LLP
Non-compete clauses are common in investment adviser employment contracts and partnership agreements. Althoug.
Employment Contract Primer
G. A. Finch of Querrey & Harrow
In the past five years, more top level executives are demanding an employment agreement before taking a positi.
Physician Non-Compete Agreements, June 1999
Donald Peder Johnsen of Gallagher & Kennedy, P.A.
We wanted to let you know about an important recent decision by the Arizona Supreme Court concerning the enforcemen.
Employment Law Commentary
Lisa Frank of Morrison & Foerster LLP
This article summarizes the Walia v. Aetna, Inc decision whereby a San Francisco Superior Court ruled it is a violation of California public policy to terminate an employee for refusing to sign a non-compete agreement.
Noncompete Agreements
Thomas G. Smart of Onebane Law Firm
In Moores Pump and Supply, Inc. v. Laneaux, 727 So.2d 695 (La. App. 3d Cir. 1999), the Louisiana Third Circuit Cour.
Courts Affirm Employers? Right to Require Non-Compete Agreements
Dawn C. Van Tassel of Maslon Edelman Borman & Brand, LLP
Employers can take some comfort in the fact that the New Jersey, Oregon, Vermont and Wisconsin Supreme Courts, the United States Court of Appeals for the Seventh Circuit, and a Connecticut Superior Court have emphatically affirmed the right of employers to terminate employees for refusing to sign a non-compete agreements. Each of these courts have reasoned that the essence of an at-will relationship is the right to fire an employee for any reason, including for refusal to sign a non-compete.
New Jersey Law Favors Free Competition by Former Employees in the Absence of a Valid, Written Restrictive Covenant, But an Employee may not Violate His Duty of Loyalty by Soliciting Customers or Co-Em
Schiffman, Abraham, Kaufman & Ritter, P.C.
Under New Jersey law a former employee may properly and legally compete with his former employer, in the absence of.
Non-Compete Agreements Protect Competitive Edge, TOO
Duff, White & Turner, LLC
A recent column about preventing trade secret theft in today's competitive business environment focused on draftin.
Rollups: Merger Wave of the Millennium?
Tydings & Rosenberg LLP
In the last few years, owners of closely-held businesses in many industries have been courted by a rollup team that.
Employer's Use of Noncompetition Agreements
Fargarson & Brooke
The desire of employers to keep their employees from competing with them has been a source of much litigation..
North Carolina Employment Law-FAQs
Grafstein & Walczyk, P.L.L.C.
Q. I was recently let go from my job with a large corporation. I had no write-ups and was given no warnings.
Courts Are Evaluating Restrictive Covenants in Physician Employment Contracts in Favor of Professional Mobility and Public Access to Care and Facilities
Gloria A. Worch of Carr Maloney P.C.
Reprinted with permission of THE HEALTH LAWYER The ABA Health Law Section As physicians' practice structures con.
Potential Radical Expansion of New Jersey's "Whistleblower" Statute
John E. MacDonald of Stark & Stark
In the recent Appellate Division decision in Karol Maw v. Advanced Clinical Communications, Inc., et al. (Appellate Division Docket No. A-3606-01T3) (April 16, 2003), the court appears to have dramatically expanded the scope of the New Jersey Conscientious Employee Protection Act ("CEPA") N.J.S.A. 34:19-1, and may have created a significant problem for employers that generally require the execution of restrictive covenants by their employees.
Are Your Key Employees Signed In?
Motschenbacher & Blattner LLP
Good morning! You walk into your office just like any other day of the week. But today you find something different.
New Florida Statute on Restrictive Covenants
Rodger L. Hochman of Broad and Cassel
The Florida Legislature's recent passage of Section 542.33, Florida Statutes (the "Statute"), has once again swung .
Doctors' Rights Protected by Non-Compete Ruling
Gallagher & Kennedy, P.A.
While medical clinics long have protected patient bases with physician non-compete agreements, a recent Arizona Sup.
Occasionally the Best Contracts Are not in Writing
Meislik & Meislik
Most attorneys (ourselves included) normally counsel their clients to keep good records and document as much as the.
Covenant not to Sue in Employment Situations
Paul, Hastings, Janofsky & Walker LLP
Massachusetts v. Bull HN Information Systems, No. Civ. 97-11326NG, 1998 WL 470406 (D. Mass. Aug. 7, 1998). .
Covenant Not to Compete Enforced by Preliminary Injunction
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff, a company in the business of selling computer bar code systems with accounts in 48 states, sued Defendan.
How Do Contractual Relationships Affect a Firm's Ability To Compete?
Reginald L. Snyder of Beirne, Maynard & Parsons, L.L.P.
Identifying, pursuing, and securing new business and a skilled work force are essential to the growth and prosperity of any business. However, your ability to compete for either may be directly affected by contractual relationships that your "target" customer or employee may have with your competitor. The issue is interference with contracts ? what's legal and what's not.
One-Year Non-Compete Too Long For Web
Rosenman & Colin LLP
iting the pace of innovation in the information technology industry, the Southern District of New York has refused to enforce a restriction in an employment agreement that would have prevented a Web site content manager from working for his new company for one year, stating that, in the Internet industry, a one year non-compete "is several generations, if not an eternity".
Will Your Non-Compete Agreement Withstand a Court Challenge
Douglas M. Kennedy
Non-compete agreements have become more common in the workplace. A recent Franklin County Court of Appeals decision should have businesses reviewing these documents to make sure they will withstand scrutiny from the court system. In a case involving Midwestern Auto Group (MAG) and a former salesman, John Curran, the Court concluded that unless an employee possesses confidential or proprietary documents or trade secrets, or uses that information to solicit the former employer' customers, non-compete agreements will be difficult to enforce in court
What You Should Know About Non compete Agreements
Mansfield, Tanick and Cohen, P.A.
Noncompete contracts are being used with increasing frequency by businesses in Minnesota and elsewhere. This is p.
Non Compete Agreements In Iowa
Johnston, Joseph C. of Joseph C. Johnston
The following information is general and is no substitute for obtaining the advice of a competent attorney.