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Home > State Law Articles > Louisiana > Louisiana - Restrictive Covenants

Articles Discussing Restrictive Covenants In Louisiana.

Louisiana Court Rules Employee Nonsolicitation Agreements Are Not Governed by Noncompete Law, but Duration Must Be Limited

Posted: November 6, 2024 | Ogletree Deakins Category: Louisiana - Restrictive Covenants

Louisiana noncompete agreements must comply with a statute—La. R.S. 23:921—to be enforceable. Does this statute also apply to employee nonsolicitation—or “anti-poaching”—agreements? A Louisiana appellate court recently held it does not, but such agreements must nevertheless be reasonable in scope and duration.

Louisiana Limits Non-Compete Agreements for Physicians

Posted: July 28, 2024 | Jackson Lewis Category: Louisiana - Restrictive Covenants

Following the national trend toward prohibiting or limiting non-compete agreements, Louisiana Senate Bill 165 limits the length and geographical scope of non-compete agreements for both specialty and primary care physicians. The law goes into effect on Jan. 1, 2025. Under Senate Bill 165, non-compete agreements for physicians must expire three

Louisiana Court Rules Restrictive Covenant Is Unenforceable and Can’t Be Saved by Reformation

Posted: May 10, 2023 | Ogletree Deakins Category: Louisiana - Restrictive Covenants

A recent ruling from a Louisiana appellate court is a reminder that a noncompete agreement that fails to specify the parishes or municipalities a former employer wishes to protect is unenforceable.

Louisiana Restrictive Covenant Signed by C-Suite Employee After Termination Is Unenforceable, State Appeals Court Holds

Posted: January 4, 2023 | Ogletree Deakins Category: Louisiana - Restrictive Covenants

In Louisiana, restrictive covenants—known locally as “no competes”—are unenforceable by statutory default. One exception, based on the employer-employee relationship, authorizes an employer to enforce an agreement preventing a former employee from working for a competing business or soliciting customers after the employee leaves employment with the first employer.

A Lesson from the Fifth Circuit About Louisiana Noncompete Agreements: Establish the Employment Relationship First

Posted: June 22, 2022 | Ogletree Deakins Category: Louisiana - Restrictive Covenants

A recent opinion from the United States Court of Appeals for the Fifth Circuit applying Louisiana’s restrictive law governing noncompetition agreements, reminds employers of the importance of establishing an employee-employer relationship before entering into noncompetition agreement.

Louisiana Appellate Court Reminds Employers of the Strict Rules for Enforceable Noncompete Agreements

Posted: March 18, 2022 | Ogletree Deakins Category: Louisiana - Restrictive Covenants

Under Louisiana law, noncompetition agreements may limit competition only as to business similar to that of the former employer. The provision in Advanced Medical Rehab, L.L.C. v. Manton, the court found, violated La. R.S. 23:921 as it prohibited Manton from employment in the practice of marketing for any business, not

Non-Compete Commences From Termination, Not Judgement, Louisiana Appellate Court Holds

Posted: January 7, 2020 | Jones Walker Category: Louisiana - Restrictive Covenants

An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement “not to exceed a period of two years from termination of employment.” La. R.S. 23:921(C).

A Recent Trend In Louisiana Non-Compete Cases?

Posted: September 15, 2019 | Jones Walker Category: Louisiana - Restrictive Covenants

A trend may be developing in favor of non-compete agreements in Louisiana. Two recent appellate court decisions enforced their terms, even though they contained either overly broad or ambiguous language. The first is from the Louisiana Supreme Court, Causin, L.L.C. v. Pace Safety Consultants, LLC, which we have previously discussed. The second is from the U.S. Fifth Circuit, Brock Services, L.L.C. v. Rogillio, 19-30363 (Aug. 27, 2019).

Former Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete

Posted: February 10, 2015 | Jackson Lewis Category: Louisiana - Restrictive Covenants

Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s unfair trade practices statute and intentional interference with business relations after his former employer sent a letter stating its intent to enforce a non-compete agreement. The district court held that the complaint alleged sufficient facts to support the two claims and survive dismissal.

Non-Compete Runs From End of Employment Agreement’s Term, Louisiana Appellate Court Holds

Posted: July 18, 2014 | Jones Walker Category: Louisiana - Restrictive Covenants

A Louisiana appellate court recently decided that a non-competition agreement was unenforceable. But not because it contained unreasonable geographic or temporal restrictions or failed to strictly comply with Louisiana’s non-compete statute. Instead, the court found that the non-competition obligations had already expired during employment.

Louisiana Court of Appeals Holds Non-Compete Was Triggered When Employment Agreement Expired, Not When Actual Employment Ended

Posted: July 14, 2014 | Jackson Lewis Category: Louisiana - Restrictive Covenants

The Louisiana Court of Appeals, First Circuit, recently affirmed a lower court’s denial of a preliminary injunction to enforce a covenant not to compete in Gulf Industries, Inc. v. Boylan (La. App. 1 Cir. June 6, 2014). The case demonstrates continued careful scrutiny by Louisiana courts of non-compete agreements.

Louisiana Legislature Passes Employee “Password Protection Law”

Posted: July 3, 2014 | Jones Walker Category: Louisiana - Restrictive Covenants

Perhaps the most significant of the employment law bills passed by the Louisiana Legislature this year is the “Personal Online Account Privacy Protection Act” signed into by Governor Jindal on May 23, 2014.

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