Marcus Mintz on Non-Compete Agreements

No Good Deed Goes Unpunished: Return to Work May Mean Reduced Protections for Trade Secrets and Customer Goodwill

Tens of millions of employees have been laid off or furloughed as a result of the COVID-19 pandemic. Now that the reopening process has begun in most states, many of those employees are being rehired and reactivated. ...more

6/19/2020 / Coronavirus/COVID-19 , Furloughs , Intellectual Property Protection , Layoffs , Material Change Doctrine , Non-Compete Agreements , Return-to-Work Agreements , Risk Management , Trade Secrets

Courts Across the Country Continue to Address Trade Secrets Issues

The “return to normal” in courts across the country has brought with it a flurry of trade secrets decisions that address some interesting and instructive issues, both procedurally and substantively....more

6/12/2020 / Breach of Contract , Confidential Information , Fraud , Intellectual Property Litigation , Intellectual Property Protection , Misappropriation , Non-Compete Agreements , Restrictive Covenants , Trade Secrets

Preventing the “Face” of Your Company from Doing an About-Face for a Competitor

We previously wrote about whether Peloton instructors are (or should be) subject to non-compete agreements owing to their prominent role as the “face” of the company. ...more

6/1/2020 / Advertising , Competition , Contract Terms , Endorsements , Influencers , Intellectual Property Protection , Marketing , Non-Compete Agreements , Non-Disparagement Provisions , Restrictive Covenants , Social Media

Avoid Spinning Your Wheels: Peloton as a Case Study in the Protection of Customer Goodwill

As the global economy falters, a fortunate few companies have seen tremendous growth as a result of the COVID-19 crisis. Among the companies benefitting from the shelter-in-place orders currently in effect is Peloton...more

5/20/2020 / Competition , Contract Terms , Coronavirus/COVID-19 , Employment Contract , Intellectual Property Protection , Non-Compete Agreements , Restrictive Covenants

Enforcement of Non-Compete Agreements During Times of High Unemployment

According to a March 26, 2020, News Release issued by the Department of Labor (“DOL”), initial unemployment claims in the United States soared to a seasonally adjusted 3.3 million the week ending March 21, 2020, the greatest...more

4/1/2020 / Coronavirus/COVID-19 , Hiring & Firing , Layoffs , Low-Wage Workers , Non-Compete Agreements , Restrictive Covenants , Unemployment

New Hampshire Senate Seeks to Ban Non-Competes for Low-Wage Workers

On February 21, 2019, the New Hampshire Senate, in a bipartisan voice vote and without debate, passed Senate Bill 197, which would prohibit employers from requiring low-wage workers to enter into non-compete agreements, and...more

2/27/2019 / Employer Liability Issues , Employment Contract , Hiring & Firing , Intellectual Property Protection , Legislative Agendas , Low-Wage Workers , Non-Compete Agreements , Pending Legislation , Popular , Restrictive Covenants , State and Local Government , Trade Secrets , Unenforceable Contract Terms

Illinois Employers Should Not Depend on Blue Penciling to Enforce Restrictive Covenants

Illinois is one of several jurisdictions that recognizes the authority of courts to blue pencil or judicially modify otherwise unenforceable restrictive covenants to be enforceable. See, e.g. Weitekamp v. Lane, 250 Ill. App....more

7/31/2017 / Blue Pencil Contract Modification , Employment Contract , Employment Litigation , Hiring & Firing , Non-Compete Agreements , Restrictive Covenants

Marcus Mintz

Seyfarth Shaw LLP

Popular Topics by This Author

Latest Posts › Non-Compete Agreements