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
Non-Solicit
Nothing Like A Hair Stylist Non-Compete Case
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
…
Utah Leads the Way on Non-Compete Legislation
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…
Is Texas Non-Compete Legislation on the horizon?
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…
Blurred Lines – FaceBook Solicitations?
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…
TRO Tips/Thoughts
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
…
Coercion? Intimidation? to Force Non-Compete Compliance
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…
Why Abuse of Discretion Matters to Employers (Non-Compete)
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…
The Year That Was in Texas Non-competes
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…
The Non-Compete Weekly Issue 1
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