In the last several years, several states have adopted statutes governing the enforcement of non-competes, including Oregon, Connecticut and Idaho. In other states, legislation has been proposed but not adopted. None of the statutes in other states are identical to Colorado’s although
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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Latest from Bond & Morris, P.C. - Page 4
TRO Issued to Preserve Evidence
By Dan Warden
Once an employer becomes suspicious that former employees are acting wrongfully, employers often consider seeking injunctive relief ex parte or prior to providing notice to the employee. Significant hurdles must be overcome, however, before a party can obtain a temporary…
“Management” Exception Construed
By Dan Warden
Under the Colorado non-compete statute, non-competes are void unless they fall within one of the designated exceptions. One of those exceptions is for “executive and management personnel”.
Another decision recently was entered on this “management” exception when the Colorado Court of…
Colorado law applied to enforce non-compete
By Dan Warden
In a June 12, 2009 decision, Haggard v. Spine, Judge Arguello of the federal district court in Colorado ruled that Colorado law should be applied to determine the enforceability of a non-compete despite the parties’ agreement that Pennsylvania law should govern. …
Ongoing Employment Is Not Sufficient Consideration for the Enforcement of a Non-compete
By Dan Warden
“Colorado non-compete consideration”…
Non-compete rules vary by state: Don’t Assume that Colorado will follow decisions from other states
By Dan Warden
We are often contacted by potential clients who have already researched the non-compete or other issue in dispute. These potential clients already understand, for example, that Colorado has adopted a statute that sets forth when a non-compete may be enforced. In addition, they…
Adverse inference instruction directed for spoliation of evidence
By Dan Warden
There are times when employees take information with them when their employment is terminated. Employees often believe that this information, whether it be customer lists or technical information, will assist them when they are looking for a new job or after…
New study reports that employee information theft is common
By Dan Warden
Laid off or terminated employees commonly take confidential company information, according to media reports covering a recent study released by the Ponemon Institute, an Arizona based research company.
Nearly sixty percent of departing employees steal proprietary company data. Employees took this…
Colo Court of Appeals affirms judgment against former employees
By Dan Warden
Employees sometimes are lulled into a false sense of security when they haven’t been asked to sign a non-compete (or after they conclude that their non-compete is not enforceable). These employees think that they can do almost anything in anticipation…
Colorado and the Computer Fraud and Abuse Act
By Dan Warden
In cases filed to enforce non-compete agreements, employers often include a claim against a former employee under the Computer Fraud and Abuse Act.
In a typical claim, the employer asserts that the employee accessed confidential business information on a work computer,…