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Report Link Across the Board: Changes Are In the Works for Noncompete Agreements.Littler Mendelson, P.C. - August 07, 2007 From coast to coast, changes are in progress in state laws governing the enforcement of noncompete agreements and the provisions therein. From Oregon, where the circumstances under which courts will enforce noncompete agreements are becoming more narrow, to Connecticut, where certain professions are being largely excluded from the scope of allowable noncompete agreements, state legislatures are taking action to specify when and under what circumstances noncompete agreements will be enforced. Meanwhile, the courts are not sitting idly by. For instance, the Texas Supreme Court recently clarified its stance on the use of forum-selection clauses in noncompete agreements. Employers would be wise to take heed of these changes, evaluate their current use of noncompete provisions, and consult counsel appropriately. Report Link Drafting A Non-Competition Agreement? Ten Things You Should Consider.Fisher & Phillips, LLP - August 03, 2007 After training and grooming a green employee into a highly productive and valuable member of the team, employers are frequently frustrated to learn that the employee is now their chief competitor. It's no surprise that, more and more frequently, employers are asking or requiring employees to sign non-competition agreements – employment contracts that restrict the rights of employees to set up shop across the street, or take your training with them when joining your rival. Report Link Protecting Corporate Assets - The Departing Employee: What to Expect From the Legal Process.Helms Mulliss & Wicker - April 30, 2007 In the last five editions of our six-part WorkCite series on protecting corporate assets, we offered practical tips when drafting non-compete and confidentiality agreements, action steps to take when an employee quits to work for a competitor, and issues and strategies to consider when hiring an employee from a competitor. In our final installment in this series, we focus on what to expect when legal action becomes necessary to protect the company. Report Link Protecting Corporate Assets - The Departing Employee: Turning the Tables and Hiring a Competitor's Employees.Helms Mulliss & Wicker - April 20, 2007 In the first four editions of our six-part WorkCite series on protecting corporate assets, we discussed ways in which employers can protect some of their most important assets, including confidential information and a company’s relationships with its customers. Report Link Protecting Corporate Assets - The Departing Employee: What To Do When an Employee Quits To Join a Competitor.Helms Mulliss & Wicker - April 16, 2007 What actions should you take when a key employee leaves to work for the competition? Are you taking the appropriate defensive stance? Report Link Protecting Corporate Assets - The Departing Employee: Confidentiality and Intellectual Property.Helms Mulliss & Wicker - April 09, 2007 How do you protect confidential information in the information age? Report Link Protecting Corporate Assets – The Departing Employee: The Effective Use of Non-Competes.Helms Mulliss & Wicker - April 03, 2007 Non-compete agreements are one means to protect customer relationships -- how do you use them effectively? Report Link Keeping Trade Secrets Secret - It's the Real Thing.Helms Mulliss & Wicker - July 12, 2006 Last week, the FBI arrested a former employee of Coca-Cola and two others for allegedly scheming to sell some of Coke’s trade secrets to Pepsi for $1.5 million. A couple of days after the news broke, the company’s General Counsel issued a memo to all Coca-Cola employees to remind them of the importance of keeping a tight lid Coke’s trade secrets and emphasizing that each employee has an obligation “to protect and safeguard the Company’s trade secrets and other sensitive business information.” Report Link National Forum Shopping Over Restrictive Covenants (pdf).Littler Mendelson, P.C. - March 22, 2006 In this Littler attorney authored article, shareholder Don Benson weaves through the hazards of drafting restrictive covenants for multi-state companies, when each state's laws in regard to restrictive covenants vary so greatly. He explains the growing industry of forum shopping since the case Palmer & Cay, and how these cases have accelerated the use of the forum shopping tactics forcing injuctive relief. Report Link Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit's Palmer & Cay Decision Offer 'Earlybird Specials' for Florida Forum Shoppers? (pdf).Littler Mendelson, P.C. - December 07, 2005 The 11th Circuit ruling in Palmer & Cay, Inc. v. Marsh & McLennan Companies, 404 F.3d 1297 (11th Cir. 2005) could possibly surmount other states public policy due to the fact that the employee filed the suit in Georgia, even though the conflict arose between Georgia law and New York/Illinois law. The decision in Palmer & Cay can indirectly have adverse effects on Florida employers. "Strategy must recognize that it is not the first court that enters a TRO or preliminary injunction, but the first to enter a final judgment that will have its judgment followed in other jurisdictions." Report Link Race to the Courthouse, Not Choice of Law Provision, Decides Fate of Noncompete Agreement (pdf).Hogan & Hartson LLP - December 01, 2005 This update discusses a new decision by the Eleventh Circuit Court of Appeals relating to noncompete agreements. The decision continues the increasing trend of courts rejecting a choice of law provision when the forum state’s law does not support the noncompete. This decision also continues the increasing trend of courts allowing litigants to aggressively forum shop the venue for the noncompete lawsuit, even when the race to that courthouse is won through the use of questionable conduct. Report Link Recent Case May Complicate Enforcement of Noncompetition Agreements.Fredrikson & Byron, P.A. - September 08, 2005 Enforcing noncompetition agreements has always been dicey. While many (but not all) states will enforce reasonable noncompetition agreements prohibiting former employees from working for competitors, courts dislike the agreements and often will look for ways to narrow or throw them out. Recently, a federal court added to the uncertainty of trying to enforce noncompetition agreements and, in the process, upped the stakes for being the first to sue under a noncompetition agreement. Report Link The Non-Compete Dilemma: He Has A Non-Compete! What Should The Company Do?Helms Mulliss & Wicker - July 18, 2005 In many industries, companies regularly encounter the non-compete dilemma: a highly qualified individual wants to work for the company; the company wants to hire the individual; but the individual has a non-compete or other restrictive agreement with the current employer. What should the company do? Report Link To the Swiftest Go the Spoils: Georgia Court Serves Notice to Employers in Non-Compete Cases.Littler Mendelson, P.C. - May 19, 2005 Due to a recent Georgia federal court opinion in Palmer & Cay, Inc. v. Marsh & McLennan, workers looking for a way to escape the confines of a valid non-compete agreement may be able to find safe haven in a neighboring state, according to Littler Mendelson, the nation’s largest employment and labor law firm. Report Link New Eleventh Circuit Ruling in Palmer & Cay Promotes Racing to the Courthouse in Noncompete Disputes.Littler Mendelson, P.C. - April 26, 2005 Employers with multi-state noncompete contracts may want to lace up their best pair of running shoes and get ready for a race. On April 1, 2005, the 11th Circuit issued an opinion in Palmer & Cay, Inc. v. Marsh & McLennan Companies, Inc., that some commentators are interpreting as an open door to forum shopping. Although the full effect of this case is difficult to predict at this time and recognizing that the defendant filed a Petition for Rehearing En Banc on April 22nd, the debate it is creating among commentators is likely to focus more and more attention on the importance of winning the race to the courthouse. Report Link Employee loyalty: It's the law.Coudert Brothers - October 18, 2002 Whether you're the owner of a small business, the founder of a tech startup or the human resources manager at an international corporation, the following story might sound hauntingly familiar. Click Here for Article. Report Link Protecting Your Trade Secrets and Enforcing Restrictive Covenants -- Tips, Traps & Techniques [PDF File].Thelen Reid & Priest LLP - September 19, 2002 Protecting trade secrets in the current job market is more important than ever. Employees may
be enticed away by competitors or laid off with little or no notice. With the high turn-over rates in today’s job market, there is a significant chance that an employee a company trusts with its confidential
information today will be working for its competitor tomorrow. Report Link PROTECTING YOUR TRADE SECRETS AND ENFORCING RESTRICTIVE COVENANTS - TIPS, TRAPS & TECHNIQUES.Thelen Reid & Priest LLP - May 01, 2002 Protecting trade secrets in the current job market is more important than ever. Employees may be enticed away by competitors or laid off with little or no notice. With the high turn-over rates in today's job market, there is a significant chance that an employee a company trusts with its confidential information today will be working for its competitor tomorrow. Report Link Employee Resource Site.BreakYourNonCompete - January 01, 2002 Offers a legal outline to help employees escape from non-compete agreements. Report Link Are Covenants Not to Compete Still Effective?Loeb & Loeb LLP - September 24, 2001 But these covenants are not always enforceable: some states do not recognize covenants not to compete because they limit an employee’s freedom to seek and obtain lawful employment, while other states proscribe only the activities of departing business partners, business owners, or uniquely skilled individuals. Report Link Employment "Non-Compete Agreements" in the Internet Revolution.GigaLaw.com - August 01, 2000 In the aggressive and dynamic high-tech environment, a company often will ask an employee to sign a "non-compete agreement" -- that is, a contract forbidding the employee from working for a competitor when he leaves his current job. Report Link When and How to Use Non-Disclosure Agreements.GigaLaw.com - March 01, 2000 This article explains how non-disclosure agreements allow confidential information to be revealed without fear. Report Link FREE AGENT: Protecting Your Interest In The Market For Skilled Employees.Crosby, Heafey, Roach & May - July 01, 1997 Discusses how an employer can prevent corporate raiding. Click Here For Article
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May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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