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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 X of “The Restricting Covenant” Series: Orthopedic Medical Devices and Non-Competes

In this tenth article in the continuing series “The Restricting Covenant,” I discuss non-competition issues that arise in the orthopedic medical device industry. I would venture to say that, in the past 20 years, the orthopedic medical device and equipment industry is at the top of the charts for high-stakes litigation and precedent-setting rulings with … Continue reading “Part X of “The Restricting Covenant” Series: Orthopedic Medical Devices and Non-Competes”

Part IX of “The Restricting Covenant” Series: Tolling and Technicians

This year’s Halloween festivities, my recent binge watching of “Stranger Things 2,” and Harry Potter’s invisibility cloak, inspired the topic of this ninth article in “The Restricting Covenant” Series, which discusses tolling provisions in non-compete agreements and restrictive covenant cases. Specifically, can a tolling provision provide judicial relief to an employer if its former employee … Continue reading “Part IX of “The Restricting Covenant” Series: Tolling and Technicians”