There are so many stories about restrictive covenants being unenforceable in Wisconsin that it is refreshing to see a case where a restrictive covenant is enforced – especially at the preliminary injunction stage. This week, the U.S. District Court for
Latest from Restrictive Covenant Report - Page 10
Applying Delaware Law, Federal Trial Court in Texas Determines that Restrictive Covenants in Incentive Stock Agreements Are Overbroad and Unenforceable as Written
The importance of drafting non-competition and other restrictive covenant agreements narrowly in terms of geography, duration and scope of activities to reasonably meet the employer’s legitimate business interests should not be underestimated. A recent decision from the Southern District of
Texas Court Reminds: Lost Sales Are Not Lost Profits
Proof of damages in restrictive covenant matters can be complicated. In Rhymes v. Filter Resources, Inc., the Ninth Court of Appeals in Beaumont, Texas reminded parties that revenue and sales are not the same as lost profits, and expenses must be
The Long-Arm of Minnesota Law Reaches Out to Adjudicate Claims Against an Out-of-State Employee
In Patterson Dental Supply, Inc. v. Vlamis (Sept. 6, 2016), the Minnesota Court of Appeals reminded that employees who reside and work outside of Minnesota may still be hailed into Minnesota courts to defend their actions.
Patterson Dental Supply (“Patterson”)
Illinois Statute Bars Non-Competes For Low-Wage Workers
Illinois has a new non-compete statute that bans the use of non-compete agreements with “low-wage” employees.
Peter Bulmer in our Chicago office has written this article on the Jackson Lewis website analyzing the new law, which takes effect January 1,
Wisconsin Court Finds Anti-Poaching Agreements to be Unenforceable
For all the court decisions out there interpreting non-competition restrictions and customer or client restrictions, case law regarding non-solicitation of employees restrictions can be a little hard to find. At the link below is a report about a new decision from
SEC Fines Company $265,000 for Severance Agreements that Potentially Chilled Whistleblowers
Our Corporate Governance Practice Group posted this article regarding further activity by the Securities and Exchange Commission in response to confidentiality provisions it found might deter potential corporate whistleblowers under the Dodd-Frank Act.
Employers should be reminded to carefully draft
Groundhog Day for Massachusetts Non-Compete Reform
Once again, the Massachusetts legislature was unable to agree on non-compete reform legislation by the July 31, 2016, end of the current legislative session. The House and Senate had passed versions of non-compete reform that differed on key provisions. At
Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts
Erik J Winton, Sarah B. Herlihy, and Shawn N. Butte have written an article regarding current efforts to reform Massachusetts non-compete law. The article, entitled Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts and published on Jackson Lewis’
Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling
Elayna J. Youchach, Paul T. Trimmer, Deverie J. Christensen, and Lisa A. McClain of Jackson Lewis’ Las Vegas office have written an article on the first decision to reach the Nevada Supreme Court regarding whether state district courts may modify