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"Reasonableness" of Non-Compete Must Be Examined In Totality (Delaware Elevator, Inc. v. Williams)

6th Circuit upholds release of USERRA claim in separation agreement

A Brief Commentary on Illinois' Proposed Noncompete Agreement Act

A Fast-Food Non-Compete Clause

A hypnotic tale about choice of law and non-compete agreements

A hypnotic tale about choice of law and non-compete agreements

A hypnotic tale about choice of law and non-compete agreements

A Non-Compete Damages Overview

A Summary of Georgia's New (Employer-Friendly) Non-Compete Statute

Agreement on EU--Brazil Short-Stay Visa Waiver Nears Conclusion

Agreement Shortening Time Period to File Wage Claim Held Unenforceable

Agreement to Include Overtime in Salary Trumps California Labor Code (Surprise)!

Agreement To Shorten Limitations Period for Wage and Overtime Claims Not Enforceable, Sixth Circuit Rules

Allocation of Goodwill In Sale of Business Non-Compete Not Reflective of Protectable Interest's Value (RSG v. Sidump'r Trailer)

Amendment Introduced to Proposed Illinois Covenants Not to Compete Act

Another Arbitration Agreement Found Unenforceable

Application of Non-Compete in Term Agreement Often a Matter of Contract Interpretation (St. Johns Investment v. Albaneze)

Applying the Logic of Empro to Non-Compete Cases

Arbitration agreement cannot waive right to administrative wage hearing

Are Signatures Required on a Non-Compete Agreement? (U.S. Risk Mgmt. v. Day)

Are You Ready for Another Motorola Non-Compete Lawsuit?

Arizona Non-competition Agreement Law

Article 78 petition dismissed; Petitioners granted judgment based upon Collective Bargaining Agreement

Asset Purchase Agreement Did Not Transfer Right to Enforce Non-Compete (JSC Terminal v. Farris)

Attention Listeners: Non-Compete Radio Is On the Air

Attorneys' Fees In Complex Non-Compete Case Exceed $500,000 (Western Insulation v. Moore)

Baltimore Business Journal Article on Non-compete Agreements (Subscription Required)

Bank Executive's Non-Compete Dispute Promises To Be Year's Most Interesting Case

Beware Drafting Trap Under Colorado's Non-Compete Statute (Saturn Systems v. Militaire)

Bobby Petrino's Deal Contains Only In-Term Non-Compete

BREAKING: Federal judge dismisses EEOC severance agreement lawsuit against CVS

Broadcast Employees Frequently Exempt From Non-Compete Agreements

Broadcast Employees Reach Tentative Agreement with ABC

CA - Last chance agreement cannot waive statutory right to notice and hearing

California Appellate Court Analyzes Employment Arbitration Agreement after Supreme Court's AT&T Decision

California Court Enforces Arbitration Agreement

California Court Of Appeal Doubts Viability Of "Trade Secrets" Exception For Covenants Not To Compete

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

California Court of Appeal Holds Arbitration Agreement Controlling in Administrative Wage Claim

California Court Of Appeal Refuses To Enforce Non-Compete Against Selling Shareholder

California Court of Appeal SLAPPs Claim for Breach of Settlement Agreement

California Court Upholds Arbitration Agreement...(Pinch Me)

California Supreme Court Upholds Arbitration Agreement Against Unconscionability Claim

California Supreme Court: Arbitration Agreement Can Waive Labor Commissioner Hearings. I think.

California Supreme Court: Arbitration Agreement Cannot Preclude Administrative Proceedings for Unpaid Wages

Can a Task Force’s Agreement on Controversial Ideas Spur a Better Tone in Politics?

Can they enforce my Non-compete if they Fired Me?

Canada-Peru Free Trade Agreement Affects Business Visitor Visa Procedures

Case Law and Non-Compete News Update

Cheerios Picket Line Averted: After Strike Threat, General Mills Workers Win Tentative Agreement

Chicago teachers reach tentative agreement but one key thing is missing to end strike

Choice of Law in Non-compete Cases

Citadel's Appeal Proves Unsuccessful In Extending Non-Compete Period (Citadel Investment Group v. Teza Technologies)

Colorado Finds Continued Employment Is Not Sufficient Consideration for Afterthought Non-Compete (Lucht's Concrete Pumping v. Horner)

Companies May Be Liable for Honoring Illegal Non-Compete Agreements of Former Employers

Connecticut Court Rejects Unclean Hands Defense In Non-Compete Case (Drummond American v. Share Corp.)

Costs To Defend Against Alleged Non-Compete Violations Often Drive Employee Decisions (Even if the Agreement is Likely Unenforceable)

Costs To Defend Against Alleged Non-Compete Violations Often Drive Employee Decisions (Even if the Agreement is Likely Unenforceable)

Court concludes that “common slang” does not violate non-disparagement clause in severance agreement

Court Considers Hypotheticals In Determining Overbreadth of CVS Non-Compete Agreement (Saban v. Caremark Rx, LLC)

Court Finds Employee Handbook Arbitration Agreement Not Enforceable

Court of Appeal Holds Arbitration Agreement Invalid

Court of Appeal Saves Electronically Signed Arbitration Agreement - Relevant to Other Electronic Acknowledgements Too

Court of Appeal Strikes Down Non-Compete Related to Sale of Business

Court of Appeal Upholds Arbitration Agreement

Court of Appeal Upholds Arbitration Agreement

Court of Appeal Won't Enforce Botched Arbitration Agreement

Court of Appeal: Arbitration Agreement Valid Even Without AAA Rules Attached

Court of Appeal: Employee Repudiated Settlement Agreement

Court Orders Barring Enforcement of a Non-competition Agreement - Reverse Injunctive Relief

Court Says Arbitration Agreement With Independent Contractor Invalid

Court Will Not Convert Broad Non-Disclosure Clause Into a Non-Compete Restriction (Softchoice Corp. v. MacKenzie)

Customer Contact May Be Prohibited In Absence of Non-Compete Agreement (Taxsalelists.com v. Rainer)

Cut In Salary Usually Does Not Void Non-Compete Clause (Leibowitz v. Aternity, Inc.)

DC court says confidentiality agreement goes too far

Defendant's Gains From Breach of Non-Compete Not A Proper Measure of Damages (Phelps v. Wystrach)

Defense Reauthorization Bill Includes Amendment Banning Project Labor Agreement Requirement

Department of Justice Sues EBay Over No-Poaching Agreement With Intuit

Discovery Requests Can Play Important Role In Determining Reasonableness of Non-Compete (SNS One v. Hage)

Do I Need to Hire a Lawyer to Review My Severance Agreement?

Doc Rivers' Non-Compete Agreement

Does arbitrator decide whether arbitration agreement is unconscionable?

Don't Get Pressured Into Signing A Severance Agreement

EEOC 0-2 on severance-agreement lawsuits … but does it matter?

Eleventh Circuit Weighs in on Florida Non-Compete Law

Employee Poaching & Non-Compete Agreements

Employee's Tortious Interference Claim Depends on Validity of Non-Compete Agreement (Hidy Motors v. Sheaffer)

Employer Unable To Condition ERISA Severance Payments on Signing Undisclosed Non-Compete

Employer's Statements About Limiting Scope of Non-Compete Barred by Parol Evidence (New Life Cleaners v. Tuttle)

Employers May be Liable for Honoring An Unenforceable Noncompete Agreement With Prior Employer -- Silguero v. Creteguard, Inc.

Employers Must Provide "Valuable Consideration" To Current Employees When Entering A Non-Compete Agreement During Employment

Employment Agreement Shortening Statute of Limitation Is Invalid

Episode 4 of Fairly Competing: Mistakes Employers Make With Non-Compete Agreements

Equitable Tolling of Non-Compete Not Available In Massachusetts Absent Contract Provision (EMC Corp. v. Arturi)

Expedited Discovery In Non-Compete Cases Is Not Guaranteed

Explicit Mutual Wage Agreement Can Defeat Overtime Claim

Failure to Identify Company on List of Prohibited Competitors Proves Fatal to Non-Compete Claim (Carrier Vibrating Equip. v. Andritz Separation)

Failure to Present Employee With Contemplated Non-Compete Agreement Fatal to Employer's Claim (Workflow Solutions v. Lewis)

Failure to Separate Covenants Invalidates Non-Solicitation Agreement (MJM Investigations v. Sjostedt)

Federal Court In Maine Holds Involuntary Termination Can Be Considered In Enforcement of Non-Compete (OfficeMax v. County Qwick Print)

Fee Agreements and Time Sheets Discoverable In Non-Compete Dispute (OfficeMax Inc. v. Sousa)

First Circuit Affirms Denial of Preliminary Injunction In Non-Compete Dispute (ANSYS, Inc. v. Computational Dynamics NA)

Franchise Non-Compete Agreement Enforceable By Sylvan Learning Center (Sylvan Learning v. Gulf Coast Ed.)

FTC Issues Final Rule Banning Non-Compete Clauses

Georgia Appellate Court Finds Non-Compete Incident to Stock Purchase Agreement Is Subject to Lower Degree of Scrutiny (American Control Sys. v. Boyce)

Georgia Non-Compete Reform Up To Voters In November

Governor Hochul Vetoes NYS Non-Compete Bill

Hair Stylists Subject to Enforceable Non-Compete Agreement (Jon Scott Salon v. Garcia)

High Profile Non-Compete Disputes Turn Out Poorly for Departing Employees

House Approves Appropriations Bill without Project Labor Agreement Restrictions

How much is a non-compete worth?

How to draft an enforceable noncompete agreement in 5 steps

How to draft an enforceable noncompete agreement in 5 steps

Illinois Court Refuses to Modify Overbroad Non-Compete (Oce North America v. Brazeau)

Illinois Non-competition Agreement Law

In Alabama, No Implied Covenant Not to Compete In Business Sale (Pinzone v. Papa's Wings, Inc.)

In Non-Compete Cases, Judges Determine Which Facts Are Important (FBK Partners v. Thomas)

In Non-Compete Suits, Is the Employee's Age Relevant?

Iowa Appellate Court Addresses First Sale of Business Non-Compete Case In Over 70 Years (Sutton v. Iowa Trenchless)

Is the ADA Preempted By A Collective Bargaining Agreement?

Is There Any Defense to a Lopsided Arbitration Agreement?

Kentucky Court Summarizes Non-Compete Reasonableness Factors

Last Call! Third Circuit Court of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return to Work Agreement

Latest in series of Arnstein & Lehr attorney articles appear in Inside Counsel on NLRP pre-agreement discipline issues

Law Limiting Non-Compete Agreements in Maryland to Take Effect October 1, 2019

Law Limiting Non-Compete Agreements in Maryland to Take Effect October 1, 2019

Legal Jujutsu: Compelling Arbitration When Sued For Alleged Breach of a Non-Compete

Legal Jujutsu: Compelling Arbitration When Sued For Alleged Breach of a Non-Compete

Legal Precedent Thin on Whether Employee Can Seek Injunctive Relief Preventing Enforcement of Invalid Non-Compete (Frank v. Wesco Distribution)

Legislative Reform, Non-Compete Agreements, and the Contracts Clause

Let's Start Year 5: Amazon.Com Loses Preliminary Fight Over Non-Compete Agreement

Let's Talk Procedure!! The Burden of Proof In Non-Compete Cases

Limiting Non-Compete Agreements is Key to a Just Recovery?

Liquidated Damages Provision Upheld In LLC Non-Compete Dispute (Mattern & Associates v. Seidel)

Louisiana Affirms Common Sense Rule That Non-Compete Cannot Be Breached In Absence of...Actual Agreement (Action Revenue Recovery v. eBusiness Group)

MA - Arbitration agreement did not cover state statutory discrimination claims (6-1)

Maryland Federal Court Holds Arbitration Agreement Unenforceable

Maryland Non-Compete Agreement Unenforceable As Applied to Salespeople Processing Competitive Bids

Maryland Non-Compete Agreement Unenforceable As Applied to Salespeople Processing Competitive Bids

Massachusetts Non-Compete Legislation Re-Introduced

Michigan Appellate Court Upholds 3-Year Injunction In Absence of Non-Compete (Actuator Specialties v. Chinavare)

Michigan Non-competition Agreement Law

Mintel Case Addresses Breadth of Non-Compete, Equitable Extension Remedy (Mintel Int'l v. Neergheen)

Modification of Non-Compete Agreement May Prevent Fee Recovery (Paradise v. Midwest Asphalt Coatings)

Multinationals Certified to the U.S.-E.U. Safe Harbor Agreement Beware: The Federal Trade Commission Has Bared Its Enforcement Teeth

Multinationals Certified to the U.S.-E.U. Safe Harbor Agreement Beware: The Federal Trade Commission Has Bared Its Enforcement Teeth

My Thoughts on Michigan's Proposed Non-Compete Legislation

NBA Economics and the Next Collective Bargaining Agreement

New Agreement Means $2.2M in Back Pay, New Work for Florida IATSE Members

New Bill Would Alter Non-Compete Law in Illinois

New CA Law Requires Written Commission Agreement

New Hampshire Employer Alert: Notice Required for Non-Compete Agreements

New Jersey Non-Compete Bill Follows Maryland Lead - And Then Takes It a Step Further

New York District Court Enforces Arbitration Agreement Waiving Right to Proceed Collectively on FLSA Claims

New York Non-Compete Agreements Are Loaded Weapons

New York Set to Ban Non-Compete Clauses in Employment

New York State May Ban Non-Compete Agreements in Employment

New York Workers Fired Without Cause Not Bound By Non-Compete Agreements

Ninth Circuit Applies California Law Despite Choice-Of-Law Clause in Independent Contractor Agreement

Ninth Circuit Finds Employment Agreement Ambiguous As To Whether An Employee's "Ideas" Were Assigned To Employer

Ninth Circuit Refuses to Enforce Arbitration Agreement

Ninth Circuit Rejects Texas Choice of Law Provision in Independent Contractor Agreement

Ninth Circuit Upholds Rehiring Terms in Collective Bargaining Agreement

Ninth Circuit Upholds Training Cost Reimbursement Agreement

NLRB General Counsel Jennifer Abruzzo just obliterated non-compete agreements (maybe)

NLRB makes pre-agreement discipline subject to bargaining with union

NLRB Signs Cooperation Agreement with Mexico

NLRB Upholds Dana Corp. Voluntary Recognition Agreement

NLRB upholds employer-union pre-recognition agreement.

Non-Compete Agreement's Geographic Restriction Too Specific To Be Enforced (Wright Medical Group v. Darr)

Non-Compete Agreements and Protecting Trade Secrets

Non-Compete Agreements and Protecting Trade Secrets

Non-Compete Agreements and Protecting Trade Secrets

Non-Compete Agreements and Protecting Trade Secrets

Non-Compete Agreements are Bad for Business

Non-Compete Agreements Take Another Hit in California

Non-Compete Agreements: Are Your Hands Tied???

Non-Compete Case Law Update (And a Tip for Clients)

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

Non-Compete Clauses in Employment Contracts

Non-Compete Clauses in Employment Contracts

Non-Compete Clauses in Franchise Agreements

Non-Compete In Post-Employment Settlement Agreement Judged With Less Scrutiny (McClain & Co. v. Carucci)

Non-Compete News: Florida Senator Rubio Proposes Legislation to Loosen Grip on Non-Compete Agreements

Non-compete provision was overbroad and unenforceable (6-1)

Non-Compete Radio Is Back: Episode 2 Link

Non-Compete Radio Now Available Through iTunes

Non-Compete Radio: Episode 3 Link

Non-Compete Radio: Episode 4 Link

Non-Compete Signed After Acceptance of New Job Lacks Consideration (Drummond American LLC v. Share Corp.)

Non-Compete Suits and TROs - Part 1

Non-Compete Suits and TROs - Part 2

Non-Compete Suits and TROs - Part 3

Noncompete Agreement Enforceable Against Independent Contractor

NYT Article Adds Grist to the Mill Over Non-Compete Debate

Ohio appellate court refuses to enforce employment arbitration agreement as “unconscionable”

OLMS to Contact Employers and Their Attorneys Regarding Persuader Agreement Reporting Obligations

Oregon Case Illustates Realistic Approach to Deciding Complex Non-Compete Issue (Epiq Class Action v. Prutsman)

Orthodontics Sales Representative Prevails in Non-Compete Bench Trial (Thiesing v. Dentsply Int'l)

Pennsylvania Appellate Court Finds Uniform Written Obligations Act Inapplicable to Covenants Not to Compete

Pennsylvania Court Rejects Sherman Act Challenge to Non-Solicitation Agreement

Preemption Of Discrimination Claims By A Collective Bargaining Agreement: When, Why and How?

Proposed Non-Compete Legislation in Connecticut Follows Legislative Trend

Reading Round-Up and Some Thoughts on Wrapping Up Another Non-Compete Case

Relying on Concepcion, the Fourth Circuit Reiterates Broad FAA Preemption and Holds Class Action Waiver in Arbitration Agreement Is Enforceable

Rescinding Non-compete Agreements after the Employer's Breach

Scope of Arbitration Submission Renders Decision on Non-Compete Remedy Unreviewable (Comprehensive Orthopaedics v. Axtmayer)

SCOTUS: Arbitrator, not court, decides whether arbitration agreement is unconscionable (5-4)

Settlements (Part 1 of 3): 5 Reasons Non-Compete Cases Shouldn't (and Don't) Settle

Settlements (Part 2 of 3): 5 Reasons Non-Compete Cases Should (and Do) Settle

Settlements (Part 3 of 3): Dealing With a Defendant's Bankruptcy in Non-Compete Litigation

Sexual Harassment Victim must allege a work sharing agreement or file with the state agency within 180 days

Should You Negotiate Your Non-Compete? Yes, and Here's 5 Reasons Why.

Sinclair Broadcast and Its (Alleged) Non-Compete Agreement

Sixth Circuit Upholds NLRB's Pre-Recognition Framework Agreement Ruling

Solutions to Non-competition Agreement Problems

Some Agreement, Lots of Division in New Law School Poll Results

Sonic-Calabasas A - Binding Arbitration Agreement Compels Dismissal of Berman Proceedings

South Carolina Company Enters First IMAGE Agreement in State

Stealing a Non-Compete Agreement May Not Do You Any Good and It Could Land You In Jail

Supreme Court Holds that Class Arbitration is Impermissible When Agreement is Silent on the Issue

Supreme Court Makes It Harder to Invalidate Arbitration Agreement with Class Action Waiver

Supreme Court of Alaska Addresses First Sale of Business Non-Compete Case (Wenzell v. Ingrim)

Supreme Court of Colorado: Continued Employment Does Constitute Sufficient Consideration for Non-Compete (Lucht's Concrete Plumbing v. Horner)

Supreme Court of Illinois Recognizes Intrusion Upon Seclusion Tort in Non-Compete Investigation

Supreme Court of Kentucky Finds Continued Employment Is Insufficient Consideration for Non-Compete

Supreme Court of Texas Revamps Non-Compete Test...Again (Marsh USA v. Cook)

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

Supreme Court of Wyoming: Continued Employment Is Sufficient Consideration for Invention Assignment Agreement

Supreme Court to Decide Whether Class Arbitration Permitted Where Agreement Is Silent on the Issue

Supreme Court to Decide Whether Judge or Arbitrator Decides if Arbitration Agreement is Unconscionable

Supreme Court to Review Whether FAA Preempts California Arbitration Agreement Rules

Supreme Court: Arbitrator, Not Court, Decides Whether Arbitration Agreement is Unconsionable

Temporary Restraining Order In Non-Compete Case Requires Showing of Immediate Harm (Ride-Away Handicap Equip. v. Tracey)

Tennessee Court Expands Geographic Reach of Non-Compete Agreement (J.T. Shannon Lumber v. Barrett)

Termination of At-Will Employment Does Not Invalidate Non-Compete (Drummond American, LLC v. Share Corp.)

Texas Supreme Court to Review Key Non-Compete Issue (Marsh USA v. Cook)

The "I'm Too Busy Edition": Non-Compete Case Law Update

The Janitor Non-Compete, This Time for Real

The NFL Salary-Cap Side Agreement

The NFL Salary-Cap Side Agreement

The one thing you can never release in a settlement agreement

The one thing you can never release in a settlement agreement

The Supreme Court of Illinois Is Not Interested in the Non-Compete Consideration Rule

The Yardstick Method and Non-Compete Damages

There Is No End to Creative "Non-Compete" Arguments (Lindskov v. Lindskov)

Time Flies—and Noncompete Agreement Goes Out the Window.

Trader Joe’s Caves to Coalition of Immokalee Workers, Signs Fair Food Agreement

Two Maryland Non-Compete Clauses And A Magic Blue Pencil.

Two Maryland Non-Compete Clauses And A Magic Blue Pencil.

U.S. Supreme Court Refuses to Require Arbitration Over Date of Formation of Collective Bargaining Agreement, Remands Federal Claim Against the International Union

U.S. Supreme Court: Arbitrator Had Power to Interpret Whether Arbitration Agreement Allowed Class Actions

UFCW Canada and Mexico's Farm Workers Sign Historic Agreement

Unite Here and Hyatt Hotels Reach Broad Peace Agreement

Upcoming Webinar: Covenants Not to Compete

What Are the Limits on "Preparing to Compete"?

What Happens If a Company Does Not Enforce Its Non-Compete Agreements?

What Provisions Does the Employer Need In Its Non-Compete Agreeement?

What to do when you are threatened with a non-compete lawsuit.

What to look for (and avoid) in a Maryland Non-Compete Agreement

Why Sign a Non-Compete Agreement?

Why You Spell Out Amounts in Agreement

Wisconsin Supreme Court: No-Hire Provision is a Covenant Not to Compete

Yes, Non-Compete Agreement Can Be Enforceable Against a Tattoo Artist (Atomic Tattoos v. Morgan)

You Can't Reverse Blue-Pencil a Non-Compete

You Can’t Compete With Me The…legality of non-compete agreements

You don’t need to wait for President Biden to fix what’s wrong with non-compete agreements

You May Not Be Within the Class of Employees That Can Be Covered by a Non-Compete Agreement.

You May Not Be Within the Class of Employees That Can Be Covered by a Non-Compete Agreement.

You've Got the Job, Details Will Follow - Employment Offer Letters & Non-Compete Agreements

YouTuber faces legal challenge against his overly broad severance agreement