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

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

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

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

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

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.  … Continue reading “Part II of “The Restricting Covenant” Series: Barbers and Beauty Shops”

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

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, … Continue reading “Part I of “The Restricting Covenant” Series: Psychologists and Psychiatrists”

Top 3 Employee Mobility and Restrictive Covenant Issues to Watch For in 2021

With 2020 finally in our rearview mirror, we can begin to look ahead to a promising and prosperous 2021. As the cloud of COVID-19 starts to lift (thanks to several vaccines), we expect employers will slowly begin to reopen their offices, employees will travel more, and the job market may revert back to the low … Continue reading “Top 3 Employee Mobility and Restrictive Covenant Issues to Watch For in 2021”

The Impact of COVID-19-Related Factors on Courts’ Enforcement of Employee Post-Employment Restrictive Covenants

In the best of economic times, some courts can be reluctant to grant immediate injunctive relief and enjoin an employee from working in order to enforce employee post-employment restrictive covenants. Now that we are in the midst of a global pandemic and an economic recession, that challenge has grown. Current economic considerations are causing some … Continue reading “The Impact of COVID-19-Related Factors on Courts’ Enforcement of Employee Post-Employment Restrictive Covenants”

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