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”:
For the last few months I’ve been involved in a number of temporary restraining order/preliminary injunction cases in state and federal courts in a number of different industries/professions. Some general reminders/lessons from non-compete/non-solicit fights:
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”
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
A few months ago we considered the Jimmy Johns non-compete that received national attention and was even the subject of a class-action lawsuit. The short of it was the non-compete applied to the nice sandwich maker that filled your order and most folks didn’t think a non-compete for those folks made sense.
Up to
It’s been 3 and a half years since the Marsh opinion that redefined what could constitute consideration for a Texas non-compete and courts have bee relatively quiet on non-competes since then. That’s not surprising from the Texas Supreme Court as Marsh was the third of a trilogy of opinions dealing with the subject. Appellate courts
A little light reading for everyone:
This Tuesday at noon central I will be presenting on “Protecting Your Client from the Departing Employee”. The presentation is through West LegalEdCenter and can be streamed after the presentation date. Here is a link – https://westlegaledcenter.com/program_guide/course_detail.jsf?videoCourseId=100042157.
I really enjoyed an article about Madison, Wisconsin based Epic Systems’s non-compete agreement and the comments of those former employees who were abiding by it. There was some scuttlebutt about whether Epic was going to extend the term from 1 to 2 years. Epic is big in the healthcare IT world and its ex-employees go
I like Jimmy John’s sandwiches. Fast service and a decent sandwich. Unfortunately it pains me to reflect on the non-compete that they are apparently using with their workers. Yes, the gentleman or lady behind the counter is now subject to the following:
Employee covenants and agrees that, during his or her employment with the Employer