Especially if you overlook that non-solicitation agreement you signed with your prior employer… Early last month, I blogged here about a situation involving an individual who: signed a non-solicitation agreement with Company A; left Company A to work for Company B; and invited some former Company A employees to connect…
Imagine that one of your top salespeople leaves to go to work for a competitor. At least you had the foresight to have her sign a nonsolicitation agreement as a condition of employment. So, your customers are safe. Then again…You have this sneaking suspicion that this salesperson may be emailing…
Your former employee, the one whom you paid an extra boat load of money to sign a non-solicitation agreement, just sent a bunch of LinkedIn invites to connect with some of your current employees. Has he violated his non-solicitation agreement? That was the precise issue in a case decided…
Ready, fire, aim. That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee. Ready, fire, aim. When there’s a even a whisper that a former employee has gone to work for a competitor, the former employer often rushes into court,…
I’m mailing this one in, folks. I mean, did the two of you who actually clicked on today’s post read the title first?!? (I practically fell asleep at “bipartisan”) And, if you need to catch up on your zzzz’s, you can read a copy of “Defend Trade Secrets Act of 2016”…
Non-competition agreements haven’t gotten much play on this blog. It’s like going into an ice cream shop and ordering Butter Brickle. Meh. Yet, there it is: Butter Brickle, right between classics like Vanilla and Chocolate and those newer flavors, Tahitian Vanilla and Chocolate Dreamsicle. As a mainstay, every once and…
Back when the Lamborghini Countach poster was in your bedroom, spinach and artichoke dip was on the menu, and it was hip to be square, this image would have been fitting for this blog — what’s a blog?!?! — post. Yes, there was a time when a secret recording in the…
On Wednesday, the Pennsylvania Supreme Court made a lot of — some would say, creative — lawyers unhappy. In a 4-1 decision, the Court held Wednesday that the language “intending to be legally bound” found in Pennsylvania’s Uniform Written Obligations Act will not save an otherwise unenforceable non-competition agreement. You can…
Yesterday, I had the privilege of presenting a webinar for LexisNexis with my colleague, Larry Holmes, and Sterling Miller. Larry and I have served in the restrictive-covenant trenches together many times. Sterling serves as Senior Counsel at Gober Hilgers. He’s also the former General Counsel and Chief Compliance Officer to Sabre Corporation…
No, the secret sauce isn’t ketchup. Or is it? Literally. [Music] The secret’s out in 140 characters In Texas, there’s a professional football team that could fill an infirmary ward restaurant called Raising Cane’s Chicken Fingers. A local FOX affiliate reports here that a recently-fired employee promptly raised Cain (see what I…