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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...

States With Pro-Employee Laws: Advance Notice of Noncompete Agreement

In most states, like my home state of Florida, employers can present employees with a noncompete agreement and demand it be signed on the spot. In states like Florida where continued employment is allowed as valid consideration for a noncompete agreement, there can be an obnoxious situation where an...

Backlash To Sandwich Noncompetes: Three States Propose Bills To Limit, Ban Noncompetes

After the world woke up and discovered a "secret" everyone who practices employment law already knew, that noncompete agreements are becoming so common even low-level employees like sandwich makers and dog groomers are being required to sign them to keep their jobs, four states are stepping...

How To End Sandwich Noncompetes?: Tie Them To CEO Pay

Problem 1: CEO Pay Gap CEO pay has been in the news a lot lately, and for good reason. CEOs make, on average, about 300 times what their average workers make. Hillary Clinton has made CEO pay part of her campaign. Where CEO pay jumped an average 13% in 2014, rank and file workers saw only a 2% average...

Beware the Trojan Horse of "Rewards" With Noncompetes

Your boss and HR deliver the great news: the company loves and appreciates you. It wants to reward you. Maybe they're "giving" you a retention bonus, stock, options, or some other reward that sounds like a heap of money for free. But beware. It may be a Trojan Horse. If it sounds too good...