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 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”

Part XI of “The Restricting Covenant” Series: Restatements of the Law and Restrictive Covenant Disputes

In this eleventh article in the continuing series “The Restricting Covenant,” I discuss the “Restatements of the Law,” which, while not law per se, are important secondary legal sources that should not be overlooked when tackling thorny restrictive covenant disputes. Relevance of the Restatements in Non-Compete Cases In many states, decisions regarding the validity and … Continue reading “Part XI of “The Restricting Covenant” Series: Restatements of the Law and Restrictive Covenant Disputes”

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”

Part 27 of the “The Restricting Covenant Series”: Disgorgement

Most of the action in restrictive covenant cases occurs in the beginning of the litigation at the temporary or preliminary injunction stage when a company seeks to stop someone from doing something immediately.  However, after the dust settles and the case moves forward to discovery and trial, money damages often take center stage.  There are … Continue reading “Part 27 of the “The Restricting Covenant Series”: Disgorgement”

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”