Clients have thought long and hard before they visit us and have detailed questions about non-compete agreements. Or trade secrets. Or the Computer Fraud and Abuse Act. These questions are important but the first goal of any employee anticipating termination should be to maintain continuous
Colorado Non-Compete Law Blog
Insight and commentary on Covenants Not to Compete (Including Unfair Competition, Trade Secrets & Nondisclosure Agreements)
Latest from Colorado Non-Compete Law Blog - Page 2
No Hire Agreements in Colorado
No hire agreements, or agreements between companies not to hire each other’s employees, have received a lot of attention in California during the last several years.
In 2010, the Antitrust Division of the Department of Justice reached settlements with several…
Colorado Franchise Agreements and Noncompetes
Early last fall, a franchise dispute prompted a decision from the Colorado federal district court that has lessons for both franchisors and franchisees in Colorado.
In Steak ‘N Shake v. Globex Company, the Steak ‘N Shake franchisor terminated the local franchisee’s franchises for…
Court Dismisses Employee’s Claim for Letter Sent to New Employer
What should a company do if a former employee joins a competitor?
If the company has trade secrets, it may be concerned that the employee will share those secrets with the new employer. Faced with this situation, the company may…
Colorado’s Annual Statistical Report
Mark Twain may have been right when he said that there were three kinds of lies: lies, damned lies and statistics. Nonetheless, it’s helpful to consider the statistics from the Annual Statistical Report on Colorado court filings when considering how…
A “Referral Source List” as Trade Secret
In a noteworthy, but dated, decision from July 2013, Judge Daniel on the federal district court bench ruled that an employer had failed to prove that a “referral source list” was a trade secret. Accordingly, in Continental Credit Corp v.…
The Importance of Venue Selection and Choice of Law Provisions
A recent case, H&R Block v. Taxes Latino Americanos LLC, demonstrates the importance of venue selection and choice of law provisions.
Taxes Latino was a Colorado company that offered tax preparation services at five locations in Colorado, including an office…
New Forum Selection Ruling from the Supreme Court
Location, location and location. That’s true with noncompete cases just as it is with real estate. Employees typically want to stay in Colorado. They want a Colorado court to apply Colorado law to their noncompete. Employees want to avoid the stress and…
Social Media’s Impact on Non-compete cases in Colorado – Part Two
Non-solicitation clauses present a good example of the difficult issues raised by social media.
Many employees, particularly salesmen, sign non-solicitation agreements. Those agreements often say nothing more than that the employee may not solicit the company’s customers for a designated period. (Other…
Social Media’s Impact on Noncompete Cases in Colorado — Part One
Only a few published decisions have addressed the impact of social media on noncompetes and those decisions have come from states other than Colorado. There is little doubt, however, that social media will play a role in many noncompete disputes…