For those of you following the saga our Employee Mobility Practice Group has been documenting about the many ways in which social media appears to be impacting the non-compete world, I present to you yet another case that...more
Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more
A federal district court in Washington has confirmed that an employer’s relationship with the cows that its employees serviced is insufficient to establish a legitimate protectable interest to enforce a non-compete....more
In a pair of recent decisions, two courts interpreting California’s quirky non-compete law confirm that employee non-recruitment covenants in California are enforceable – but only if those covenants are necessary to prevent...more
Following up on the piece I wrote with Jim Ninivaggi, “Whose LinkedIn Profile is it Anyway,” the information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California...more
There is no such thing as “per se” unenforceability of non-compete agreements (with a few notable exceptions). Instead, a court will enforce a non-compete if it meets whatever criteria a particular jurisdiction establishes –...more
We all know the default American Rule for attorneys’ fees: unless you get fees in a contract or from a statute, you shouldn’t count on someone else paying the freight if you win your case. But a recent non-compete case brings...more
With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies....more
Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more
The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more
6/30/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
Our attention on the NCAA college basketball tournament was temporarily diverted by the non-courtside drama that played out this week when the University of South Florida revoked its head coaching offer to Steve Masiello...more
The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there are legal implications to workplace romances. Once they become unpleasant or...more
While many people hired in today’s market are subject to some post-employment covenants, that doesn’t mean an employee subject to restrictions presents any more of a litigation risk than a contractually unrestricted new hire....more
Originally published in the New York Law Journal on December 26, 2012.
The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...more