Search Results for "the restricting covenant"


Part V of “The Restricting Covenant” Series: Lawyers and Law

Posted on July 17th, by Editor in Crisis Management. Comments Off on Part V of “The Restricting Covenant” Series: Lawyers and Law

By Lawrence J. Del Rossi

This is the fifth article in a continuing series, “The Restricting Covenant.” I originally thought this article would contain, at most, one or two sentences on the issue of lawyers and restrictive covenants.  Those two sentences would read something like, “A non-compete does not apply to lawyers.  The end.”  However, as with almost everything associated with restrictive covenants, things are not that straightforward.  There are some nuances on this topic worth exploring, particularly with respect to in-house lawyers employed at private companies in the United States.

Non-Competes in Private Law Firms?

In general, post-employment non-competition agreements that directly restrict an attorney’s ability to practice law are not enforceable in private law firms in the United States. American Bar Association Model Rule of Professional Conduct 5.6 (Restrictions on Right to Practice) prohibits a lawyer from making “a partnership, shareholders, … Read More »


Part IV of “The Restricting Covenant” Series: Coaches and Colleges

Posted on June 6th, by Editor in Crisis Management. Comments Off on Part IV of “The Restricting Covenant” Series: Coaches and Colleges

By Lawrence J. Del Rossi

This is the fourth article in a continuing series, “The Restricting Covenant.” It discusses the concept of protectable “playbooks” in restrictive covenant cases and the individuals that use them to compete.

Let’s Play Ball, but with Restrictions

This year’s NFL Super Bowl LI ended in spectacular fashion when the New England Patriots made an historic comeback to win in overtime against the Atlanta Falcons. After the game, there was much discussion about the Patriots’ unique “playbook,” their coach, and his game strategy for winning the Super Bowl for the fifth time in nine appearances.  This discussion led me to the question of whether a sports organization can restrict a coach from leaving one team and coaching another competing team.  Can it restrict a departing coach from recruiting athletes for a new team?  Can it demand the … Read More »


Part III of “The Restricting Covenant” Series: Recipes and Restaurants

Posted on May 4th, by Editor in Crisis Management. Comments Off on Part III of “The Restricting Covenant” Series: Recipes and Restaurants

By Lawrence J. Del Rossi

This is the third article in a continuing series, “The Restricting Covenant.” In restrictive covenant cases, a company’s trade secrets are sometimes referred to as its “secret sauce” or “secret recipe.”  The “secret formula” of Coca-Cola soda is an analogy used to help explain the uniqueness of a company’s protectable interest and the need to prevent unauthorized disclosure, misappropriation or unlawful competition.  This talk about secret sauces and recipes not only made me hungry, but it also relates to the subject of this article – restrictive covenants, trade secrets and the food and restaurant industry.

What’s in Your Secret Sauce?

Food recipes can constitute trade secrets.  In Tavern Restaurant v. Brandow, for example, the Supreme Court of Iowa held that a restaurant had successfully demonstrated at trial that its former manager and his new employer (a competing restaurant) … Read More »


Part II of “The Restricting Covenant” Series: Barbers and Beauty Shops

Posted on April 3rd, by Editor in Crisis Management. Comments Off on Part II of “The Restricting Covenant” Series: Barbers and Beauty Shops

By Lawrence J. Del Rossi

This is the second article in a continuing series, “The Restricting Covenant.” In this article, I discuss a topic that is near and dear to me – my hair and my long-time relationship with my barber.  I have used the same barber to cut my hair since high school, even after moving many miles away.  I sit in his chair, he cuts my hair with expert precision, and I am a satisfied customer.  This got me to think about one of the most basic reasons why employers want to impose non-compete and non-solicitation obligations on their employees – the value and strength of a long-term customer relationship.  Courts have long recognized that protecting customer relationships is a legitimate protectable business interest that can support the enforcement of a restrictive covenant if it satisfies standards of “reasonableness.”  … Read More »


Part I of “The Restricting Covenant” Series: Psychologists and Psychiatrists

Posted on March 2nd, by Editor in Crisis Management. Comments Off on Part I of “The Restricting Covenant” Series: Psychologists and Psychiatrists

By Lawrence J. Del Rossi

Restrictive covenants are private agreements that restrict an individual’s business activities within a specific geographic area for a period of time, in return for wages, access to information, or some other type of tangible benefit. Like the spots of a leopard, they come in all shapes and sizes.  Their enforceability varies from state to state, from occupation to occupation, and from industry to industry.  Many states have quirky or arcane rules or regulations tailored to specific occupations.  Some industries have specific rules and practices that dictate the parties’ course of dealing and determine the “reasonableness” of the restrictions.  Some employers prefer non-competes, while others prefer non-solicitations or non-disclosures, or some combination of each.  In any event, before agreeing to be restricted, or before asking someone to be restricted, this legal landscape should be explored and understood … Read More »




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California Supreme Court Ruling on Right to Statewide Discovery in PAGA Actions Is Not as Bad for Employers as It Looks

By Ramon A. Miyar & Jaime D. Walter

In a blow to the defense bar—and, in particular, retail employers—the California Supreme Court, in Williams v....

Part V of “The Restricting Covenant” Series: Lawyers and Law

By Lawrence J. Del Rossi

This is the fifth article in a continuing series, “The Restricting Covenant.” I originally thought this article would contain, at...

Department of Labor to Begin Issuing Opinion Letters, Again

By Mark J. Foley and Vik C. Jaitly

Secretary of Labor, Alexander Acosta, recently announced that the Department of Labor (DOL) will resume issuing opinion...