Smooth Transitions

Smooth Transitions

addressing the Legal issues arising from the departure of employees & Business breakups

Tag Archives: Non-Compete

NY Times Non-Compete Article

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets
I don’t think I’ve ever dedicated a post to a newspaper article but a recent New York Times article entitled “How Noncompete Clauses Keep Workers Locked In” does a great job addressing the human toll of non-competes.  Here is a link to the article.  The article is generally anti-non-compete when it comes to lower paid… Continue Reading

Texas Non-Competes Without Geographical Restrictions

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets
A Texas non-compete must satisfy two main components to be enforceable. The non-compete has to be ancillary to an otherwise enforceable agreement and be reasonable in time and scope. Before the Texas Supreme Court this week was a case where the court was asked to consider a non-compete without a geographical restriction and consider whether such an… Continue Reading

Nothing Like A Hair Stylist Non-Compete Case

Posted in HR Issues, Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Recent Cases, Uncategorized
The details are slim from a recent article from the New York Post about a $3 million dollar non-compete/breach of contract case against a New York City hair stylist.  What we know: Stylist Annie Rush worked at the salon for 6 years; Apparently she is alleged to have signed a 1 year non-compete (that is… Continue Reading

Utah Leads the Way on Non-Compete Legislation

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Uncategorized
  I went to school in Utah and manage to ski up there every so often.  That’s a picture of my son and I in December.  Recently I ran accross an article  breaking down changes to Utah’s and Idaho’s non-compete laws.  The Utah statute really grabbed my attention.  The highlights: (1) non-competes can only last… Continue Reading

Hawaii Non-Compete Legislation

Posted in Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets, Uncategorized
It’s always interesting to take a look at other states to see how they deal with non-compete legislation.  We’ve discussed Masschusetts and most recently doctor non-competes in New Mexico.  Hawaii is the latest state to enact new noncompete legislation targeting workers in a “technology business”.  This is how the Hawaii legislature defined “technology business”:  … Continue Reading

Non-Compete Legislation – The Jimmy John’s Backlash

Posted in Non-Compete Agreements, Non-Solicitation Agreements
When news of the Jimmy John’s non-compete came out last October my concern was the impact it would have on businesses with legitimate non-competes.  There is always a populist theme that is anti-non-compete.  Employees should be able to come and go as they please and a non-compete agreement prevents that.  “Bad” non-competes undermine “good” non-competes.  There… Continue Reading

Mad Men Non-Competes

Posted in Non-Compete Agreements, Shareholder Disputes
The much acclaimed Mad Men AMC television series is coming to an end with only a few episodes left.  The partners and employees of the New York advertising firm Sterling Cooper have given us a number of employment, partnership, negotiating, and other lessons over the years.  Times have changed with the firm as we have followed its… Continue Reading

Amazon on the Prowl

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements
In Seattle, former Amazon Web Services Strategic Partnership Manager Zoltan Szabadi was sued by Amazon for violation of his non-compete agreement.  Szabadi is now with Google in their cloud platform business.  The lawsuit alleges: Szabadi was directly and integrally involved with the marketing of Amazon’s cloud computing business to its partners and resellers, and played… Continue Reading

Is Texas Non-Compete Legislation on the horizon?

Posted in Non-Compete Agreements
  If you follow the ups and downs of non-competes across the country you’ll note that there is a populist fervor in favor of banning non-competes in some states including Massachusetts.  The argument generally goes that non-competes stifle innovation and of course prohibit an employees’ ability to move elsewhere (which is true).  California has essentially… Continue Reading

TRO Tips/Thoughts

Posted in Injunction
           Just a few random thoughts on Non-Compete/Non-Solicit TROs after some recent experiences: Hopefully the other side is represented by counsel – Despite popular belief the ex parte TRO is in many instances much harder to get than one where the other side is represented by counsel. It’s just easier when… Continue Reading

Texas Non-Competes in 2014

Posted in Non-Compete Agreements
                              Not Much in 2013 I kind of feel like a broken record when it comes to Texas non-compete development over the last few years. Since the Marsh opinion I have been anticipating more significant developments in the non-compete and post-employment covenant world as employers attempt to use different types of consideration as… Continue Reading

The Latest on Texas Non-Competes

Posted in Non-Compete Agreements
                     It’s been over 2 years since the Marsh non-compete opinion was delivered by the Texas Supreme Court clarifying what the phrase “ancillary to an otherwise enforceable agreement” actually means. The real take away from that opinion, which we have discussed extensively, is that the consideration or value provided to the employee as part of the… Continue Reading

The Non-Compete Is An Employment Prenup

Posted in Non-Compete Agreements
                     I really liked Steve Boese’s article on non-competes in the fistful of talent recruiting blog.  Steve considers the non-compete as HR’s equivalent to a prenuptial agreement.  Steve also hit on what is most effective about a non-compete whether it is enforceable or not: Just the threat of potential legal action and the leverage a… Continue Reading

Non-Competes – Can I get my attorneys’ fees?

Posted in Non-Compete Agreements
  A few weeks ago, we discussed realities of recovery of attorney’s fees in litigation. This post attempts to narrow that focus on post employment covenants.  Under Texas Law, a party can recover its reasonable and necessary attorney’s fees for a breach of contract under Texas Civil Practice and Remedies section 38.001. A non-compete agreement… Continue Reading

Marathons and non-competes – really.

Posted in Sports
                                       I have lived in Dallas for quite some time, and had the opportunity to run the Dallas White Rock Marathon now known as the Dallas Marathon. The Dallas Marathon usually takes place in early December and… Continue Reading

Get Ready for Some Employment Departures

Posted in HR Issues
Any employee worth their salt usually will wait until after they’ve received their bonus compensation until making an employment change.  Often this coincides with year but not always.  Because of this employers need to anticipate some employment right about now. So what should an employer do in anticipation of a small or large exodus –… Continue Reading
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