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Restrictive Covenants › Statutory Interpretation

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

Whiteford on

Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Rivkin Radler LLP

Conflicting Orders Create Uncertainty for FTC Noncompete Ban

Rivkin Radler LLP on

On April 23, 2024, the Federal Trade Commission finalized its rule enforcing a noncompete ban for a vast majority of workers. The noncompete ban is set to take effect on September 4, 2024. With limited exceptions, the rule...more

Epstein Becker & Green

Federal Court Grants Temporary Stay of FTC Noncompete Rule but Limits Scope (for Now) to Named Parties

Epstein Becker & Green on

On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Overrules Chevron, Calling Federal Agency Rules into Question Including FTC Non-Compete Rule

Nelson Mullins Riley & Scarborough LLP on

On Friday morning, the Supreme Court in Loper Bright Enterprises v. Raimondo, No. 22-451, reversed its long-standing precedent in Chevron USA, Inc. v. Natural Resources Defense Council (1984), which required courts reviewing...more

Seyfarth Shaw LLP

Retroactivity Provision in Washington State’s New Law Limiting Non-Competes May Face Court Challenges

Seyfarth Shaw LLP on

This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more

FordHarrison

Non-Compete News: – Georgia Court Interprets Non-Compete Statute's "Sale-of-a-Business" Provision

FordHarrison on

Georgia’s Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) (“RCA”) governs Georgia non-compete agreements entered into after May 2011. Very few courts have interpreted the RCA since its inception. In Bearoff v. Craton,...more

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