It is becoming commonplace for employers to use web-based clickwrap agreements with their employees either as part of onboarding (e.g., employment agreements) or during the course of employment (e.g., stock award agreements). These clickwrap agreements can include important post-employment restrictive covenants. Are these covenants enforceable?
Continue reading “Part 19 of “The Restricting Covenant” Series: Clickwrap Covenants Not to Compete”
In 2018, Governor Brown signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) and/or Senate Bill (SB).1 The list below is in numerical order by AB or SB.
Continue reading “Summary of Key New California Laws for 2019 (and Beyond): What Employers Should Know”
Most litigators will attest that court reporters and transcribers are essential to the litigation process because they provide a verbatim record of depositions and other court proceedings. Court reporters are extremely patient, courteous, and obviously great listeners. Often times, we lawyers tend to have our “favorites” – you know, the court reporters who you work with repeatedly because they pick up your preferences and other linguistic quirks. I typically think of court reporters as “independent contractors” who would not be bound by traditional non-competition agreements. But when I learned about cases in some jurisdictions enforcing restrictive covenants involving court reporters, I had to write about a few of them in this eighteenth article of the Series.
Continue reading “Part 18 of “The Restricting Covenant” Series: Court Reporters and Covenants Not to Compete”
At least once a month I receive a postcard in the mail from a local, regional or national realtor about homes sold recently in my neighborhood. These glossy postcards typically feature a specific real estate agent with his or her photo, name and telephone number. What these postcards don’t tell you, however, is whether the agent is subject to a non-compete agreement. Because I’m always looking for interesting topics to discuss related to restrictive covenants, this seventeenth article in The Restricting Covenant series explores realtors, real estate agents and non-compete disputes.
Continue reading “Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants”
Make no bones about it, non-compete disputes can be litigious, contentious, and downright nasty. Someone breached another’s trust or loyalty; or stole something valuable from someone else; or didn’t uphold his or her end of the bargain. Battle lines are drawn. Nevertheless, there are codes of civility, professionalism, and rules of law that must be followed. So, you would think that when a court enters an order granting injunctive relief consistent with the parties’ non-compete agreement, the order would be followed, right? Read on. In this sixteenth article of the Series, I discuss a few extreme examples of litigants in non-compete disputes who failed to comply with court orders, resulting in significant monetary damages and other sanctions.
Continue reading “Part 16 of “The Restricting Covenant” Series: Civil Contempt and Covenants Not to Compete”
Highly valuable trade secrets, corporate espionage, elaborate schemes to evade detection, and national defense implications. Have I piqued your curiosity? I hope so. In this fifteenth article of The Restricting Covenant series, I discuss two cases that involve individuals and business enterprises charged by the federal government with stealing valuable trade secrets from U.S.-based companies. The stakes are extremely high on all sides.
Continue reading “Part 15 of “The Restricting Covenant” Series: Non-Competes, Trade Secrets and Corporate Espionage”