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Part 16 of “The Restricting Covenant” Series: Civil Contempt and Covenants Not to Compete

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 … Continue reading “Part 16 of “The Restricting Covenant” Series: Civil Contempt and Covenants Not to Compete”

Part 15 of “The Restricting Covenant” Series: Non-Competes, Trade Secrets and Corporate Espionage

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. … Continue reading “Part 15 of “The Restricting Covenant” Series: Non-Competes, Trade Secrets and Corporate Espionage”

Part 14 of “The Restricting Covenant” Series: Non-Competes and the Janitor Analogy

Let me begin by explaining that this article does not focus on the janitorial profession and whether non-competes in that profession are enforceable. That’s a topic for another day. Instead, this fourteenth article in The Restricting Covenant series discusses a concept that some courts and litigants refer to as the “janitor analogy” or the “janitor … Continue reading “Part 14 of “The Restricting Covenant” Series: Non-Competes and the Janitor Analogy”

Part 13 of “The Restricting Covenant” Series: The NLRB, NLRA and Non-Competes

The acronyms “NLRB” or “NLRA” rarely appear in articles about enforcement of private sector non-compete agreements. Until recently. Dun dun dun! (Que the “dramatic gopher video” on YouTube). In this thirteenth article of “The Restricting Covenant” series, I discuss two cases in which the National Labor Relations Board (“NLRB”) determined that an employer’s enforcement of … Continue reading “Part 13 of “The Restricting Covenant” Series: The NLRB, NLRA and Non-Competes”

Part XII of “The Restricting Covenant” Series: Consideration, Covenants and Car Salesman

If you’ve ever purchased an automobile, you know that haggling for a good deal is either the best, or the worst, part of the car-buying experience. That new car smell is pretty memorable too. No matter the aroma or the final purchase price, however, in order to drive home in that shiny new vehicle, you … Continue reading “Part XII of “The Restricting Covenant” Series: Consideration, Covenants and Car Salesman”

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”