Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more
7/16/2025
/ Acquisitions ,
Buyers ,
Contract Terms ,
Due Diligence ,
Employment Contract ,
Intellectual Property Protection ,
Jurisdiction ,
Mergers ,
Non-Compete Agreements ,
Private Equity ,
Restrictive Covenants ,
Sellers
Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series...more
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series...more
In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more
In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more
No, this piece isn't about the 80s comedy-drama featuring a detective dynamic duo's snappy dialogue. This moonlighting refers to an employee working an extra job or two while simultaneously holding down a full-time job,...more
On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on...more
9/19/2023
/ Amended Legislation ,
CA Supreme Court ,
California ,
Enforcement ,
Federal Trade Commission (FTC) ,
Injunctive Relief ,
Labor Code ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Retroactive Application
It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract.
We all know that California is finicky when it comes to non-competes – so much so that...more
A recent Circuit Court case confirms that the term “non-inducement” means just that. In American Family Mutual Insurance Company v. Graham, the Eighth Circuit affirmed a jury verdict against an insurance agent who, the jury...more
7/16/2015
/ Appeals ,
Breach of Contract ,
Corporate Counsel ,
Employer Liability Issues ,
Former Employee ,
Former Employer ,
Hiring & Firing ,
Inducement ,
Insurance Agents ,
Jury Verdicts ,
Non-Compete Agreements ,
Restrictive Covenants
The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends.
A “no fault” divorce permits a spouse to end a...more
The “employee choice” doctrine is one of those employment terms that is as misunderstood as “right to work,” “employment at will” and my personal favorite, “labor lawyer”. But a recent New York Federal court in IBM v Smadi,...more
Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State. And that...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
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