Enforcing noncompete agreements will depend upon state law. What law applies will be critical for determining if a noncompete agreement is enforceable.
Continue Reading Enforcing Noncompete Agreements – What Law Will Apply?
Playbook to Avoid Trade Secret & Noncompete Agreement Violations Involving New Hires
An employer making a job offer to a new employee needs to have in place best practices for avoiding being sued in a noncompete agreement dispute or a trade secret misappropriation claim.
Continue Reading Playbook to Avoid Trade Secret & Noncompete Agreement Violations Involving New Hires
Enforceable Noncompete Agreement Key to $2 Million Judgment Against Former Employee
A recent Michigan trial court decision from the Oakland County Circuit Court illustrates the significance that noncompete agreements can have for employers and individuals who sign such agreements.
Specifically, Crain’s Detroit Business reported that an Oakland County Circuit court entered a judgment in excess of $2 million against Matt Prentice, a former employee and a well-known Metro
The Challenge of Balancing Noncompete Agreements with Business Growth
In a previous post (Noncompete Agreements – A Hurdle to Employment and Innovation?), we discussed research that suggested noncompete agreements hinder innovation.
Expanding on why innovation is hindered, in any context in which a noncompete agreement is entered into e.g., an employment relationship, a founder whose start-up is being acquired, or an owner selling his
Noncompete Agreements – A Hurdle to Employment and Innovation?
Noncompete agreements and other restrictive covenants are customarily found in employment agreements and provided for in the sale of a business.
In the employment context, companies simply do not want a former employee to take its business and set up shop or to go work for a competitor. In connection with the sale of a
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.
Enforceability of a Noncompete Agreement will Often Depend Upon Context.
It may sound odd for a noncompete attorney to say this, but when it comes to enforcing a non-compete restriction, the applicable law is often less important than the context in which the noncompete restriction arises.
To better understand this point, consider that noncompete restrictions, sometimes referred to as covenants not to compete, often arise
Doubting Attorney Google – Relying on Free Legal Search Results Can be Dangerous Thing
A little bit of knowledge can be a dangerous thing, especially when legal issues are involved. This truism makes the Internet a virtual minefield for the unwary looking for “free legal advice,” which often happens in the area of post employment restrictions and noncompete agreements. As discussed below, however, a noncompete lawsuit arising from incomplete
Michigan Noncompete Agreements – Making 2013 a Better Year for Your Business
Business owners had a lot to cry about when it came to 2012 Michigan court decisions addressing noncompete agreements.
But, as discussed below, a lot of this frustration arose out of poorly drafted noncompete agreements and failing to fully evaluate the relevant circumstances involving changing employment relationships before reducing those changes to written employment agreements.
Transitioning from Employee to Shareholder: Businesses and Individuals Need to Pay Careful Attention to Noncompete Agreements
Companies routinely require employees to sign noncompete agreements. But what happens to these employee noncompete agreements if your company offers that same employee stock options or other opportunities to acquire an ownership interest in the company?
As explained below, when an individual transitions from employee to owner or plays the dual role of employee/owner, companies