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Choice-of-Law Employment Contract Non-Solicitation Agreements

WilmerHale

Post-Mortem on the FTC’s Blocked Non-Compete Rule

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In August 2024, a Texas federal court struck down a broad Federal Trade Commission (FTC) rule that would have banned the vast majority of employee non-competition agreements. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Ward and Smith, P.A.

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive...

Ward and Smith, P.A. on

It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compete...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions

Many employers have national and international workforces. When entering into contracts with employees, inclusion of a choice-of-law provision is important for determining what jurisdiction’s laws will apply if one of the...more

Jaburg Wilk

Employment Non-Competition Covenants- What Law Applies and Why The Answer To That Question Is So Important

Jaburg Wilk on

Many Arizona employees are often subject to non-compete agreements, or “covenants,” in which the employee agrees in advance to not compete with his or her employer for some time after leaving or being terminated by the...more

Faegre Drinker Biddle & Reath LLP

Part 24 of “The Restricting Covenant” Series: Choice of Law and Covenants Not to Compete

There are many notable east coast-west coast rivalries. In sports (Celtics versus Lakers basketball), in leisure (Atlantic versus Pacific beaches), or in food (Shake Shack versus In-N-Out Burger), to name a few. With respect...more

Jackson Lewis P.C.

Court Rejects Delaware Choice Of Law Provision In Refusing To Enforce Customer Non-Solicitation Covenant Against California...

Jackson Lewis P.C. on

On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff...more

Morris James LLP

Chancery Applies California Law Despite a Delaware Choice-of-Law Provision and Dismisses a Claim for Breach of a Non-Solicitation...

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NuVasive Inc. v. Miles, C.A. No. 2017-0720-SG (Del. Ch. Aug. 26, 2019). When a contract, executed by parties in a foreign jurisdiction, designates Delaware law as controlling, Delaware courts must first determine whether...more

Foley & Lardner LLP

The Latest and Greatest Updates About Non-Compete and Non-Solicitation Agreements in California

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Employers everywhere should be familiar with California’s strict rules against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees. Practically speaking, the rule has...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants

With Massachusetts’s comprehensive noncompete law taking effect on October 1, 2018, many employers are reviewing and likely revising their restrictive covenants to ensure that they are compliant with the new law. In...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Conn Maciel Carey LLP

[Webinar] Best Practices for Employers When Dealing With Issues Relating to Employment Agreements with Restrictive...

Conn Maciel Carey LLP on

Many companies frequently use non-compete and non-solicit clauses in their employment agreements. However, there are several important legal issues to consider before drafting and executing these agreements. When an employee...more

Goodwin

Business Litigation Reporter -- June 2014

Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

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