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
Colorado Non-Compete Law Blog
Insight and commentary on Covenants Not to Compete (Including Unfair Competition, Trade Secrets & Nondisclosure Agreements)
The Colorado Non-Compete Law Blog, published by Bond & Morris, P.C., focuses on legal issues surrounding non-compete agreements in Colorado, particularly as they apply to physicians and other professionals. The blog covers topics such as the enforceability of non-compete clauses, liquidated damages provisions, tortious interference claims, and recent court decisions affecting non-compete and related employment agreements. It also discusses the intersection of non-compete law with computer crime statutes and the implications for employees and employers. Additionally, the blog monitors developments in neighboring states' non-compete laws, especially those impacting healthcare practitioners, providing comparative insights relevant to Colorado law.
Latest from Colorado Non-Compete Law Blog - Page 3
Searching Employee Computers
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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
By Dan Warden
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…