Hello. I’ve been busy for many months and have not made any new blog entries. Recently, however, there have been several signficant developments in the non-compete world. To begin the discussion again, I want to take a step back and
Bond & Morris, P.C.
Bond & Morris, P.C. was founded in 1988. It is a multi-generational, family owned law firm devoted to the practice of all aspects of trusts and estates, including estate planning, estate administration, trust administration, tax planning, and litigation. For over 30 years, we have had the pleasure of serving the Rocky Mountain region while building long-term and mutually rewarding relationships with our clients.
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Searching Employee Computers
When an employee quits, many employers hire computer forensic experts to create an image of the hard drive in any computer used by the employee. That image is then searched for evidence of improper conduct. The employer can look at the employees’…
Award of Attorneys Fees Affirmed in New Colorado Court of Appeals Decision
An award of over $72,000 in fees and costs against a former employee was affirmed by the February 17 Colorado Court of Appeals decision, Saturn Systems v. Delbert J. Militare. The decision demonstrates the risks presented by a fee shifting…
Antitrust challenge to no hire clause rejected
No hire or no switching clauses are agreements between companies under which one or more companies agree not to hire employees of another company.
No hire clauses are common in a variety of situations. If a company is seeking to be…
Top employment law blogs
We pleased to let you know that the Colorado Non-Compete Law Blog was included on the Delaware Employment Law Blog’s annual list of the hundred best employment law blogs.
We’ve included the Delaware Employment Law Blog on our Relevant Blogs section in…
Wyoming non-compete law
As reflected in the Wyoming Supreme Court’s recent decision in CBM Geosolutions v. Gas Sensing Technology Corp, Wyoming’s law on non-competes differs substantially from Colorado’s.
Colorado has adopted a statute which voids any non-compete unless it falls within one of the four…
Tenth Circuit rules that price quote not a trade secret
We recently wrote about the Tenth Circuit’s September, 2009 decision in Southwest Stainless v. Sappington, but the decision is worth another look. An issue presented by Southwest Stainless was whether a price quote was a a trade secret. Southwest claimed that a…
Privilege issues raised by forensic examinations
A recent New Jersey decision, Stengart v. Loving Care Agency, raises questions about the limits of the attorney client privilege when an employer performs a forensic examination of the computers used by a former employee. Because it is typical for employers to conduct a…
Damages Awarded for Breach Prior to Modification of Non-compete Agreement
Damages may be awarded for breach of a non-compete agreement even if the agreement is modified after the breach occurs, according to the recent First Circuit decision in Astro-Med v. Nihon Kohden.
In Astro-Med, the trial court modified the scope and range of the…
Damages For Lost Profits Awarded
Profits lost on specific orders are recoverable for breach of a non-compete agreement, according to the recent Tenth Circuit decision in Southwest Stainless v. Sappington.
Oklahoma law was applied to determine that the non-compete was enforceable. As a result, the…