We’ve now been in the midst of this global pandemic since March (give or take a few weeks) and we have a little more runway to look at the state of employee movement. It seems that most folks fall in three categories in terms of the Coivd impact on their job: (1) looking for a
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:
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
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
A few months ago I confronted another FaceBook related case where we were arguing over what level of FaceBook activity constituted a solicitation in violation of a non-solicitation covenant. I’ve previously discussed this issue and given the sage advice that you’ll know it when you see it. I’m not so sure that’s such sage advice
Just a few random thoughts on Non-Compete/Non-Solicit TROs after some recent experiences:
Assume for a moment that your company has a solid non-compete or non-solicitation agreement in place that is reasonable and there is an ex-employee out there violating the agreement. At this point your lawyers have prepared
Talking about the standard an appellate court uses to review a temporary injunction in a non-compete case isn’t very exciting and we can get lost in the legalese. But it is critical to have some appreciation of what wide discretion a
At the end of each year I try to address and take inventory of what has occurred in post-employment covenant litigation in the State of Texas. After several years of dramatic Texas Supreme Court opinions on the subject of non-competes, 2012 was a quiet year. We heard nothing from the Texas Supreme Court on
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