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Competition › Contract Terms › Appeals

Troutman Pepper Locke

Feeling Competitive: The Reasonableness of Forfeiture-for-Competition Provisions

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In 2024, employers rushed to track the twists and turns of the Federal Trade Commission’s (FTC) noncompete ban, which attempted to limit the enforceability of agreements that restrict employees from working for a competitor...more

Hogan Lovells

The aftermath of PACCAR – Court of Appeal to hear challenge to the enforceability of widely-used funding agreements

Hogan Lovells on

The Court of Appeal is to proceed to hear cases considering the enforceability of litigation funding agreements which were introduced by litigation funders in response to the Supreme Court's decision in PACCAR but which may...more

WilmerHale

Beating the Odds: First Circuit Doubles Down on Massachusetts Decision Enforcing Noncompete Against Sports Betting Executive Newly...

WilmerHale on

Against a growing trend of legislation and broader efforts seeking to limit or eliminate post-employment noncompetition restrictions, recent Massachusetts and First Circuit decisions in a dispute between DraftKings and one of...more

Lewitt Hackman

Employers, in case you were wondering, your employees cannot compete with you

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Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more

Parker Poe Adams & Bernstein LLP

S.C. Supreme Court Says 150-Mile Radius Reasonable for Sale of Business Noncompete

Parker Poe Adams & Bernstein LLP on

South Carolina courts evaluate the enforceability of noncompete provisions executed in the employment context and in connection with the sale of businesses under the same reasonableness test. To be enforceable in South...more

Seyfarth Shaw LLP

Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities

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A Texas Court of Appeals affirmed a summary judgment last month in favor of an ex-employee declaring that a noncompete clause in an asset purchase agreement and separate noncompete agreement did not bar him from competing...more

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