Fifth Circuit Holds Mississippi Employer to Precise Language of its Non-Competition Agreement and Denies Enforcement

Posted: Monday, January 05, 2009

By: Joshua C. Dickinson

Topic: Agreements

Fifth Circuit Court of Appeals Affirms
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Florida Court Overturns Injunction: Finds Agreement Had Expired

Posted: Monday, January 05, 2009

By: David M. Kight

Topic: Non-Compete Cases

The Florida Court of Appeals overturned an injunction against a former employee holding that his
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Ohio Court Rejects Use of Inevitable Disclosure Where No Non-Compete Present

Posted: Wednesday, December 31, 2008

By: David M. Kight

Topic: Inevitable Disclosure

The Ohio Court of Appeals has overturned an injunction entered against a former employee of a
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Second Circuit Does Not Allow Two Bites at the Litigation Apples

Posted: Tuesday, December 23, 2008

By: Joshua C. Dickinson

Topic: Non-Compete Cases

Recently, the Second Circuit Court of Appeals held that a former employee could not split his causes
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Wisconsin Court of Appeals Upholds Choice of Law / Forum Selection Clauses

Posted: Monday, December 22, 2008

By: David M. Kight

Topic: Non-Compete Cases

The Wisconsin Court of Appeals recently upheld a non-compete agreement's choice of law and forum
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Utah Supreme Courts Defines Non-Compete and Tortious Interference Damages

Posted: Thursday, December 04, 2008

By: David M. Kight

Topic: Non-Compete Cases

In a case of first impression, the Utah Supreme Court has held that the proper measure of damages
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Florida Does Not Construe Non-Compete Agreements Narrowly

Posted: Friday, November 21, 2008

By: Joshua C. Dickinson

Topic: Non-Compete Cases

A Florida appellate court recently issued a ruling affirming a trial court's denial of injunctive
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Maryland Court Holds Agreement to Pay Deferred Compensation to Terminated Employee was not Conditioned on the Employee's Agreement not to Compete.

Posted: Friday, November 14, 2008

By: Joshua C. Dickinson

Topic: Compensation Agreements

Maryland Court Holds Agreement to Pay Deferred Compensation to Terminated
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Ohio Court Allows Significantly Longer Restrictions in Sale of Business Non-Competition Agreement

Posted: Thursday, November 13, 2008

By: Joshua C. Dickinson

Topic: Non-Compete Cases

In CBIZ et al v. Urban, (publication pending) (2008 Ohio 5774), the Ohio Court of Appeals held that
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California Labor Code Applies to Employees Temporarily in California

Posted: Thursday, November 13, 2008

By: David M. Kight

Topic: Non-Compete Cases

In an opinion sure to send ripples through the corporate world, the Ninth Circuit Court of Appeals
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New York Court Denies Enforcement of Employee Non-Compete Agreement Because Employer Failed Evidentiary Burdens

Posted: Tuesday, November 11, 2008

By: Joshua C. Dickinson

Topic: Non-Compete Cases

In Delfino Insulation Co., Inc. v. Jaworski, 865 N.Y.S2d 353 (2008), the New York Court of Appeals
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Missouri Court Slams Bouncing Employee - Clients Include Those She Previously Serviced

Posted: Thursday, October 30, 2008

By: David M. Kight

Topic: Non-Compete Cases

In a bizarre case, the Missouri Court of Appeals has handed a defeat to an employee with a history
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Georgia Court Upholds Liquidated Damages Clause

Posted: Monday, October 27, 2008

By: David M. Kight

Topic: Liquidated Damages Provisions

A Georgia Court of Appeals has upheld a liquidated damages clause in a physician's employment
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Washington Court Denies TRO Against Chief Software Architect

Posted: Friday, October 24, 2008

By: David M. Kight

Topic: Temporary Restraining Order

On October 20, the U.S. District Court for the Western District of Washington denied a TRO sought by
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The Ninth Circuit Reaffirms that Non-Competition Agreements are Unenforceable Under California Law Unless Necessary to Protect an Employer’s Trade Secrets.

Posted: Thursday, October 23, 2008

By: Joshua C. Dickinson

Topic: Non-Compete Cases

The Ninth Circuit Court of Appeals, in the case of ASSET MARKETING SYSTEMS, INC., v. KEVIN GAGNON,
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Pennsylvania Court Holds Contract Mandating Arbitration of Release of Non-Compete Agreement Waived Where Party Chose to Litigate

Posted: Thursday, October 23, 2008

By: Joshua C. Dickinson

Topic: Arbitration Provision

Written By:     
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Ohio Court Grants Injunction But Reduces Term of Agreement

Posted: Monday, October 20, 2008

By: David M. Kight

Topic: Non-Compete Cases

The Ohio Court of Appeals reversed a trial court decision against an employer seeking to have its
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Missouri Federal Judge Issues Split Ruling for Employer and Employee on TRO

Posted: Friday, October 17, 2008

By: David M. Kight

Topic: Temporary Restraining Order

In a mixed ruling, a federal judge in the Eastern District of Missouri granted in part a TRO against
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Illinois Appellate Court Finds Employee Non-solicitation Covenant Not Overly Broad as a Matter of Law

Posted: Wednesday, October 15, 2008

By: Patrick T. McLaughlin

Topic: Agreements

On August 15, 2008, the Illinois Court of Appeals reversed a trial court's order dismissing a real
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Employers with California-based Employees May Have Opportunity for Non-Compete Enforcement

Posted: Monday, October 13, 2008

By: David M. Kight

Topic: Non-Compete Cases

The California Supreme Court recently in Edwards v. Arthur Andersen essentially eliminated any
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Indiana Court of Appeals Holds Non-Compete Agreement Does Not Extend to Wholly Owned Subsidiary

Posted: Friday, October 10, 2008

By: Joshua C. Dickinson

Topic: Non-Compete Cases

The Indiana Court of Appeals, applying Ohio law, recently held that a non-compete agreement signed
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Employee's Effort to Vacate TRO Harmed by New Employer's Own Litigation

Posted: Friday, October 10, 2008

By: David M. Kight

Topic: Non-Compete Cases

A former employee's effort to avoid a non-compete agreement was dealt a blow when a court cited his
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Employer Sanctioned For Filing Suit Without Evidence in Misappropriation of Trade Secrets Case

Posted: Friday, October 10, 2008

By: David M. Kight

Topic: Inevitable Disclosure

A $114,000 sanction against a Michigan employer was upheld by the Sixth Circuit Court of Appeals in
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California Courts Confirm Invalidity of Non-Competes in California

Posted: Monday, October 06, 2008

By: David M. Kight

Topic: Non-Compete Cases

Rejecting an exception proposed in a 9th Circuit opinion, the California Supreme Court has
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Seven Keys to Successful Non-Compete Outcomes for Employers

Posted: Thursday, October 02, 2008

By: David M. Kight

Topic: Non-Compete Cases

While the enforcement of a non-compete agreement, in whatever form, may well depend upon both the
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