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Falcon Rappaport & Berkman LLP

Delaware Chancery Court Narrows the Path for Enforceable Non-Competes: Lessons from North American Fire and Payscale

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A notable trend has emerged in Delaware with respect to the enforceability of non-competes – while once considered a management-friendly jurisdiction, two recent decisions demonstrate a marked shift towards a closer scrutiny...more

Troutman Pepper Locke

Restrictive Covenants Unenforceable Where Consideration Forfeited

Troutman Pepper Locke on

In North American Fire Ultimate Holdings, LP v. Alan Doorly, the Delaware Court of Chancery held that the restrictive covenants included in an incentive unit grant agreement were unenforceable when the units received by the...more

Parker Poe Adams & Bernstein LLP

North Carolina Noncompetes - What is Legal "Consideration?"

Parker Poe Adams & Bernstein LLP on

As previously discussed, post-employment noncompetes require thoughtful drafting and implementation in order to be enforceable in North Carolina. Courts and judges don’t like them, but they can be an incredibly valuable tool...more

Benesch

Restrictive Covenant Update - Illinois moves forward while District of Columbia slows down

Benesch on

Benesch previously informed its clients about the significant changes made to Illinois restrictive covenants law by the Illinois legislature in the waning moments of its most recent legislative session. These changes include,...more

Nutter McClennen & Fish LLP

Thorny Questions, Issues Emerging as Noncompete Act Takes Hold

Nutter McClennen & Fish LLP on

Nutter Partner David Rubin recently contributed an article to Massachusetts Lawyers Weekly that analyzed the Massachusetts Noncompetition Agreement Act. In the article, “Thorny Questions, Issues Emerging as Noncompete Act...more

Womble Bond Dickinson

North Carolina Business Court Decision Could Impact Enforceability of Many Non-Competition Covenants

Womble Bond Dickinson on

A recent decision in the North Carolina Business Court could have significant implications on non-competition covenants in employment agreements that contain a very common automatic renewal term. The decision, if followed by...more

Bennett Jones LLP

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

Bennett Jones LLP on

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

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