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
A Court ruled that a company didn’t show a substantial likelihood that it would succeed in enforcing noncompetition restrictions against four former employees. This failure, however, is an important reminder for companies with multi-state operations or employees who may live in a state where non-compete restrictions are not favored or otherwise enforceable.
Turning to the
Aliphcom, Inc. d/b/a Jawbone won an early legal battle in a lawsuit filed against five of its former employees and its rival Fitbit, Inc.
Specifically, in a preliminary injunction hearing held on 10/20/2015, the individual defendant were ordered by a federal judge to return any confidential information they took and to allow their computers and
A decision issued on October 22, 2015, denying an employer’s motion to dismiss a retaliatory discharge claim brought under Title VII of the 1964 Civil Rights Act and state anti-discrimination laws offers two important lessons for employers:
An employer illegally fired two employees for criticizing the company on Facebook. This decision comes from the U.S. Court of Appeals for the Second Circuit, which affirmed a National Labor Relations Board decision (NLRB). Three D, LLC v NLRB (10-21-2015). This decision also highlights the need to meaningfully evaluate conduct giving rise to employee
Earlier this week I had the opportunity to take in an oral argument on a motion to dismiss filed in a non-compete lawsuit filed in Wayne County Circuit Court’s business court (yes, this is what I do in my free time and yes I’m a nerd when it comes noncompete law). The argument was heard
Companies commonly rely on non-compete restrictions to protect their competitive business interests. But if such post-employment restrictions are not properly drafted, those agreements may not be enforceable if challenged in court.
Briefly, non-competition restrictions prohibit an employee from going to work for a competitor of a former employer. Such post-employment restrictions
Employee social media issues recently made headlines in the most deplorable way when an employee was fired on September 29, 2015, after he posted a picture of himself online with a colleague’s 3-year-old black son. The picture taken by Gerod Roth, the former employee, resulted (for reasons unknown) numerous bigoted and racists comments from the
A decision released on 10/1/2015 from the Department of Labor’s administrative review board (the “Board”) highlighted employment law issues arising at the intersection of whistleblowing, retaliation, and reasonable accommodation involving telecommunication. (Stewart v. Lockheed Martin Aeronautics Co., released 10/1/15). In the decision, the Board affirmed an administrative law judge’s ruling against Lockheed’s former
Employers often overlook the opportunity to limit liability against their business when it comes to employment agreements. And one of the most common ways in which a business can limit its liability is through a contractual limitations period. A recent Michigan Court of Appeals highlights this point.
Specifically, a shortened limitation period in an employer’s