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Bradford K. Newman, Partner at PaulHastings, on Employment Issues

Bradford K. Newman, Partner and chair of the employee mobility and trade secret practice at PaulHastings, discusses the Computer Fraud and Abuse Act in the context of an employee's "authorized" use of company systems for unauthorized purposes, the duty of loyalty and faithless servant doctrine...

Fisher & Phillips: Non-Compete and Trade Secret Review for February 2013

by Michael R. Greco February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you to some of the best resources out there on the...

Overly Broad Non-Compete Agreement in Pennsylvania?

Pennsylvania Courts Almost Never Throw Out Non-Compete Agreements Because They Are Overbroad Many clients have come to me convinced that their non-compete agreement is unenforceable because it is for too many years, or to too broad a geographic area. Usually, they got that notion from someone...

Non-Compete Agreements Can't Be Used to Prevent Competition

Whether you work in the copy room or in a corner office, you may have been presented with something called a Non-Competition Agreement. Or maybe it was called something sneakier, like a Confidentiality Agreement or Intellectual Property Agreement. Whatever it was called, it said you can't work...

How to Draft an Enforceable Noncompete Agreement in Five Steps

According to the Wall Street Journal , litigation over noncompete agreements is rising: More employers are requiring their new workers to sign “noncompete” agreements, which they say are needed to prevent insiders from taking trade secrets, business relationships or customer data to competing...

Noncompete Answers: Am I Bound If My Employer Violates FMLA?; Wages Cut Right After Signing; Can They Restrict My Livelihood?

Having received more questions on noncompete agreements than any other issue, I can only assume that more and more employers are imposing these contracts on employees all over the country. There are lots of defenses to them, but defending takes money. I continue to hope that some legislators will wise...

Virginia Supreme Court Limits Opportunity to Obtain Quick Dismissals of Noncompete Cases

When companies sue their former employees on the ground that they allegedly breached a broadly-worded noncompete agreement , a common defense tactic has been to file a demurrer, arguing that the complaint fails to state a claim upon which relief can be granted. The thinking was that if the noncompete...

Is My Noncompete Contract Superseded? Which Contract Applies?

This reader question was left on my post Non-Compete Agreements - Top 5 Ways To Get Out of Yours : Hi Donna, I am in the State of PA and had signed two year non competes to get options grants. I left the company under a voluntary separation agreement and part of it was a 1 year non-compete Agreement...

An Enforceable PA Noncompete Without Consideration? Not on the Superior Court's Watch!

A couple of years ago, I blogged about a legal theory in a Legal Intelligencer article that would create enforceable noncompetes without any consideration. The premise was pretty simple, Pennsylvania has a law called the Uniform Written Obligations Act (UWOA) that generally provides that a written contract...

Quicken Loans: Part Two

In October of 2011, seven mortgage bankers at Quicken's Phoenix area office resigned. They received a letter from the company reminding them of the obligations of their employment agreements including the non-compete, confidentiality, non-communication, and non-disparagement provisions. The employees...

States With Pro-Employee Laws: Noncompete Agreement Hardship on Employee as Defense

Or, States That Don't Suck For Employees Part VIII Living in Florida, one of the worst states in America for employees on noncompete agreements, I'm used to having to deal with a statute that says the courts cannot consider any economic hardship on the employee when enforcing noncompete agreements...

Senator Franken Bill to Ban Noncompetes For Low Wage Workers Would Be a Good Start

After the Jimmy John's noncompete for sandwich maker debacle , some members of Congress asked the FTC and the DOL to investigate the sandwich chain for potential antitrust and labor law violations. Some states have moved to ban noncompetes altogether or partially. Now some Democratic members of Congress...

11th Circuit Rules Courts Must Consider Hardship to Employee in Deciding on Florida Noncompete Injunction

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 hardship on the employee in determining whether...