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By Roger D. Winston, Shelah F. Lynn, and Katherine M. Noonan A federal court of appeals held, [ enhanced version available to lexis.com subscribers ], that a golf course was encumbered by an implied restrictive covenant, preventing the foreclosing...

In recent years, employers and employees have not had consistent guidance on when an Illinois court would enforce restrictive covenants. If an employer sued a former employee in Cook County, Ill., then the employer had to initially establish that the...

Florida's noncompete statute is, no doubt, harsh on employees and extremely favorable to employers. However, the 11th Circuit Court of Appeals just made it a bit less harsh. The court ruled that, although Florida law bans the courts from considering...

Virginia courts will not necessarily rule on the enforceability of a restrictive covenant in an employment agreement without first examining the facts. In a recent federal-court decision from Roanoke, Judge Wilson denied a defendant's motion for...

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...

Not all noncompete agreements in Virginia are subject to the restrictive rules governing noncompete agreements formed between employers and employees. Noncompete agreements entered into between two sophisticated parties outside of the employment context...

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...

In Virginia, employers who wish to restrict their employees from competing with them in a new job need to write restrictive covenants tightly and narrowly and should define all the key terms in their noncompete and nonsolicitation agreements carefully...