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A Sampler of Federal Employment Law Developments

By | October 28th, 2016|Categories: ADA, Employment Law News, Non-compete Agreements, Wage & Hour|Tags: |

As we have pointed out before, New Jersey's employment laws are structured in a way that makes it desirable, nearly all of the time, for plaintiffs to file their cases in state court under state law. In that way we differ from many other states, where federal law is used more frequently.  That doesn't mean [...]

Be Careful in Drafting Non-Compete Agreements

By | October 13th, 2016|Categories: Non-compete Agreements|Tags: |

It's been a while since we've posted anything on non-compete agreements.  Here's an interesting situation from Illinois in which an employer wishes that it had been more careful in writing down the details of a severance agreement.  The case is Reed v. Getco, LLC, decided September 30, 2016. In reviewing this, as is our custom, [...]

Singin’ the Blues About the “Blue Pencil”

By | June 16th, 2015|Categories: Non-compete Agreements|Tags: |

I just stumbled across this post from the Franchise Law Update blog. It deals with a recent decision from the Nebraska Supreme Court that invalidated the non-compete provision of a franchise agreement.  The court in Unlimited Opportunity, Inc. v. Waadah threw out the entire non-compete agreement because one part of it was geographically unreasonable. And that [...]

Of Death, Taxes, Nooks, and Crannies

By | February 22nd, 2010|Categories: Non-compete Agreements|Tags: , , , , |

They say that nothing is inevitable in life except for death and taxes.  To that list we now have to add nooks and crannies.  Yes, those things that make up the deliciously irregular innards of one of my favorite breakfast foods, Thomas' English Muffins. Long story short, Chris Botticella was an employee of Bimbo Bakeries, [...]

Defecting Employees Destroy Successful New Business

By | October 28th, 2009|Categories: Non-compete Agreements|Tags: , , , , |

Here's what happened to Charter Oak, a successful new mortgage business that didn't protect itself from its own employees.  Ten of them left as a group for a larger competitor, allegedly stole files and pending deals, and basically decimated the business.  Lacking non-compete, confidentiality, and non-solicitation agreements, Charter Oak lost in court.  The case is [...]

Non-compete Agreements in a Bad Economy

By | May 29th, 2009|Categories: Non-compete Agreements|Tags: , |

Two posts on non-compete agreements caught my eye today.  They deal with the subject from differing perspectives but teach a common lesson. The Lancaster Law Blog reminds us that in a down economy non-compete agreements are at once increasingly common and increasingly difficult to enforce.  As a result, businesses that rely upon them may be [...]

Non-Compete Agreements Getting Harder to Enforce?

By | September 30th, 2008|Categories: Non-compete Agreements|Tags: , |

A recent article in Lawyers  USA (subscription required) suggests that it may be getting harder for businesses to enforce non-compete agreements as the economic downturn makes courts reluctant to limit workers' opportunities for employment. A recent California decision has expanded the protection given workers under a state law that voids every contract that restrains anyone [...]

Trade Secrets: It’s All in Your Head

By | March 3rd, 2008|Categories: Non-compete Agreements|Tags: , |

Most employees know that their employers will become --- how can we put this delicately? --- "annoyed" if written customer  lists are used to woo away customers when the employment relationship ends.  But what happens when a former employee does not physically take a written list, but can recreate all or part of it from memory? That's the question recently considered by the [...]

Non-competes Impermissible for In-house Lawyers

By | July 12th, 2006|Categories: Non-compete Agreements|

Non-compete agreements cannot restrict corporate in-house attorneys from subsequent employment. That's the recent ruling of the New Jersey Supreme Court Advisory Committee on Professional Ethics in its Opinion 708. While non-competes are generally enforceable in most business settings, they are invalid as to attorneys because they unduly limit the freedom of clients to select counsel [...]

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