Part 22 of “The Restricting Covenant” Series: No-Poaching Agreements

Not too many topics related to restrictive covenants gain buzzworthy status. However, when state and federal governmental agencies and class action attorneys start filing lawsuits nationwide, and Fortune 500 companies in various industries start settling and agreeing to change the way they do business, well, that usually generates some buzz and attention. It seems that … Continue reading “Part 22 of “The Restricting Covenant” Series: No-Poaching Agreements”

Part 20 of “The Restricting Covenant” Series: Radius, The Raven, and Restrictive Covenants

You’re probably reading the title of this article and saying, “He’s gone bonkers! What does ‘radius’ and Edgar Allan Poe’s poem ‘The Raven’ have to do with restrictive covenants?” This article is for all you inner mathematicians and geometry aficionados. More to the point, it is for those who draft, interpret and litigate non-compete agreements … Continue reading “Part 20 of “The Restricting Covenant” Series: Radius, The Raven, and Restrictive Covenants”

Part 19 of “The Restricting Covenant” Series: Clickwrap Covenants Not to Compete

If you are one of the billions of smartphone users worldwide, I bet you recently downloaded a mobile app and clicked “I agree” to the app’s terms of use or service. Did you actually read all (any) of the terms before you agreed? Courts typically call these contracts (yes, they can be enforceable contracts) “clickwrap … Continue reading “Part 19 of “The Restricting Covenant” Series: Clickwrap Covenants Not to Compete”

Part 18 of “The Restricting Covenant” Series: Court Reporters and Covenants Not to Compete

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 … Continue reading “Part 18 of “The Restricting Covenant” Series: Court Reporters and Covenants Not to Compete”

Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants

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 … Continue reading “Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants”

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