Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants

by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non-solicitation and non-disclosure covenants in Georgia...

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 8, 2011)

Noncompete Enforcement in California: The Times They Are a Changin' By Jeffrey S. Kopp We all may know that California does not permit enforcement of most noncompete agreements. Despite this broad prohibition, the federal court's recent decision in Richmond Technologies, Inc. v. Aumtech Business...

Noncompete Agreements: New NH Law Restricts Enforcement

New Hampshire became the latest state to enact a law pertaining to noncompete agreements. Effective July 14, 2012, New Hampshire law ( H.B. 1270 ) now requires that: Prior to or concurrent with making an offer of change in job classification or an offer of employment, every employer shall provide...

Enforceability of Noncompete Agreements Post-Merger

The enforceability of a noncompete agreement can vary greatly by State. When drafting a noncompete agreement or restrictive covenant, a critical decision will be which State's law should apply in an enforcement dispute. Delaware employers have very favorable law on their side, as noncompete agreements...

U.S. Supreme Court: Arbitrator Must Decide on Validity of Noncompete Agreement

WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court failed to properly apply a basic tenet of the Federal Arbitration Act (FAA) when it declared the noncompete agreement in two employment contracts null and void rather than leaving the determination up to an arbitrator, the U.S. Supreme...

Mediating Non-Compete Disputes in the Medical Device Industry

by Michael R. Greco The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth of medical devices each year. Top reps at industry...