Tag Archives: Michigan noncompete attorney

Buying or Selling a Business? Don’t Forget to Consider Employment and Non-compete Agreements.

The decision to sell a company involves many considerations. One important – but often overlooked – consideration is the value that should be derived from having enforceable employee and non-compete agreements. However, all too often, due diligence fails to critically assess the enforceability or transferability of non-compete restrictions. As discussed below, the value of the … Continue Reading

Noncompetition Agreements – Impediment to Employee Mobility and Innovation?

The Wall Street Journal, by Aruna Viswanatha, recently asked whether Noncompete Agreements Hobble Junior Employees. Spoiler alert — they do. According to the Journal: Noncompete agreements—common in computing and engineering jobs, where proprietary technology can be at stake—are spreading to other industries and stretching further down the corporate ladder. Labor-law experts say some employers appear … Continue Reading

CEO’s “Reckless Texting” Wrecks Lawsuit to Enforce Noncompete Agreement

Texting as a reckless activity is well-documented when it comes to driving. It is also noted as an increasing health hazard for “petextrians” (pedestrians who are texting, clever huh?) according to Ben Zimmer of the Wall Street Journal in his article “What Do You Call a Reckless Texter?” But can it be “reckless” for your company’s non-compete agreements? … Continue Reading

Employer has Injunction Reversed after Losing Battle of What Law Applies in Non-compete Lawsuit

I recently ran across a great article about noncompete agreements, which touch upon two important issues that threaten the success of every non-compete lawsuit: the role choice of law provisions play in noncompete litigation and damages at the preliminary injunction stage of a non-compete lawsuit. As to the article by Paul O. Lopez, Can Noncompete Agreements Be … Continue Reading

Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition

Business involves competition. But not all competition is lawful. Two former employees found this out the hard way after a judge determined on May 22, 2015 that they had wrongfully started a competing business while they continued to work for their employer along with misappropriating trade secrets and engaging in other wrongful acts (Nedschroef Detroit … Continue Reading

The Foundation of Michigan Non-compete Law

Crain’s Detroit, by Dustin Walsh, reported last week that this year marks the 30 year anniversary of arguably the most significant Michigan court opinion concerning non-compete agreements. See “30 Years Later, A Noncompete Ruling has Been Forged into Law.” The case referenced in this article comes from a January 17, 1985 Michigan Supreme Court decision … Continue Reading

Proposal Would Significantly Limit Use of Noncompete Agreements in Michigan

A proposed Michigan House Bill was recently introduced that would significantly limit the use of noncompete agreements (sometimes called covenants not to compete) in Michigan. Such agreements often restrict individuals from working for a competitor or other post-employment activities. Specifically, State Represntative Peter Lucido (R) introduced HB 4198 on February 12, 2015, which has since been referred … Continue Reading

Proactively Managing Employment Law Risks – Lessons from Brazilian Jiu Jitsu

Outside of being an employment law attorney, I practice Brazilian Jiu Jitsu. It is a grappling based martial art that owes its modern development to the Gracie family, especially Helio Gracie. But it also offers a broader perspective for approaching conflict outside of physical matches. And – since business is rife with conflict – it … Continue Reading

Enforcing Noncompete Agreements: How to Avoid Wasting A+ Resources on the C- Employee

Noncompete agreements have become a staple of the employment relationship. These agreements are intended to give employers the ability to protect their business against unreasonable and unfair competition. Such competition usually takes the form of a former employee directly competing against the employer either by starting a similar business or jumping ship for competitor.   … Continue Reading
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