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Two Things You Should Know If You Are Appealing a Preliminary Injunction on a Covenant Not to Compete
Posted on 7 Nov 2014 by Mack Sperling

If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They... Read More

Two Things You Should Know If You Are Appealing a Preliminary Injunction on a Covenant Not To Compete
Posted on 7 Nov 2014 by Doug Esten

If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They... Read More

A Covenant Not To Compete Cornucopia From The Business Court
Posted on 11 Nov 2011 by Mack Sperling

On Friday, The Business Court issued an opinion on a number of covenant not to compete issues, in Akzo Nobel Coatings Inc. v. Rogers , 2011 NCBC 41. The Defendants were former employees of the Plaintiff, which had acquired the company for which they... Read More

Noncompete Covenants and Covenants Restricting Land Tested By Different Standards
Posted on 12 Mar 2012 by Lee Berlik

Under Virginia law, covenants restricting the free use of land are not favored and must be strictly construed. Restrictive covenants that are unreasonably broad will not be enforced. There is a growing body of case law in Virginia governing noncompete... Read More

What Happens to a Covenant Not to Compete Upon the Sale of a Business?
Posted on 14 Feb 2014 by Mack Sperling

Be careful with covenants not to compete when you buy or sell a business. That's the lesson from Amerigas Propane, LP v. Coffey , 2014 NCBC 4, decided this week by Judge Jolly. The Plaintiff had Defendant Coffey, an employee of the company which... Read More

Getting A Covenant Not To Compete Case Into The Business Court
Posted on 28 Sep 2012 by Mack Sperling

Long time readers of this blog know that you can't designate a case limited to a covenant not to compete to the Business Court. That's the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a breach of a restrictive... Read More