Tag Archives: noncompete agreements

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

Language Counts when it Comes to Enforcing Non-compete Agreements

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. Overview of Non-compete Restrictions Briefly, non-competition restrictions prohibit an employee from going to work for a competitor of a former employer. Such post-employment restrictions … Continue Reading

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.  … Continue Reading

DIY Employment and Noncompete Agreements: Are You Getting What you Pay For?

The storm that has devastated the U.S. east coast has been dubbed “Frankenstorm” because of the devastating effect of a number of separate natural conditions coming together to create a monstrous “super storm.”   While with less devastation and real-life danger, employers often experience their own employment storms as a result of stitching together various … Continue Reading

Holiday and Year-End Bonuses Often Mark the Beginning of Litigation Festivus

Festivus – as introduced by Seinfeld – is a holiday celebration that included the “Airing of Grievances,” i.e., public criticism and pronouncements as to how a particular person has been a disappointment in the past year.  The timing of holiday and year-end bonuses also often mark the beginning of a similar airing of grievances in … Continue Reading

Proposed Legislation Introduced to Restrict the Enforceability of Noncompete Agreements

Under Michigan law, noncompetition agreements (sometimes referred to as covenants not to compete or restrictive covenants) are generally enforceable as long as the restriction is reasonable as to subject matter, geographical scope, and duration. But recently proposed legislation would significantly limit Michigan’s noncompete law, which is found in Michigan’s Antitrust Reform Act (MARA), MCL 445.771 … Continue Reading
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