Tag Archives: restrictive covenants

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

Playbook for Protecting Trade Secrets Begins with Protecting Your Home Turf

Regardless of your political preferences, President Obama’s election victory offers an important lesson that can be extended to your company’s protection of trade secret intellectual property. In sports – similar to politics or business – a critical strategy for success is the concept of “protecting your home turf.” In this regard, after the dust settled on … Continue Reading

My former employer can’t prevent me from working, right? Dissecting the Enforceability of a Noncompete Agreement

After an individual’s employment is terminated and that individual begins working for a competitor or starts his or her own business, a common question asked by both the individual and the former employer is whether a noncompete agreement can be used to restrict one’s post employment opportunities.     The short answer is … well, … 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

Recent Michigan Court Decision Highlights Weak Link in Enforcing Non-compete Agreement

A recent Michigan Court of Appeals Opinion dealt a serious blow to the enforcement of noncompete agreements. The Opinion invalidated a common provision found in such agreements and it illustrates that courts will closely scrutinize noncompete agreements for any weak links that may limit or otherwise invalidate these agreements.   Overview of Non-compete Agreements Employers … Continue Reading
LexBlog