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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Tag Archives: non-compete

Careful Drafting of Non-Competes and Other Restrictive Covenants Can Save the Day

Posted in Contracts, Noncompetition & Other Restrictive Covenants, Pre-Litigation Considerations, Separations, Layoffs & Terminations

It generally is a defense to a breach of contract claim if the defendant proves that the plaintiff was the first one to materially breach the parties’ agreement. As a recent case from the Business Litigation Session of the Massachusetts Superior Court confirms, however, a plaintiff seeking to enforce a post-employment restrictive covenant can avoid… Continue Reading

Enforcing Non-Compete Agreements Against California Employees – Part II

Posted in Contracts, Noncompetition & Other Restrictive Covenants

In Enforcing Non-Compete Agreements Against California Employees — Part I, I discussed how a Massachusetts company might be able to enforce a non-compete against a California employee by including a Massachusetts choice of law provision in an employment agreement.  In this post, I will discuss three scenarios under which an employer may be able to… Continue Reading

Enforcing Non-Compete Agreements Against California Employees — Part 1

Posted in Contracts, Jurisdiction, Venue and Choice of Law, Noncompetition & Other Restrictive Covenants

In a post this summer, I raised three issues employers may want to consider before even requesting that an employee execute a covenant not to compete.  One issue that I did not mention is whether the company’s employee lives and works in California.  Although where an employee lives may be relevant, contrary to what many… Continue Reading

Three Issues In-House Counsel Should Raise Before Asking Employees to Sign Non-Competes

Posted in Contracts, Noncompetition & Other Restrictive Covenants

While many employers take comfort in knowing that some or all of their employees have agreed to non-compete covenants, obtaining and enforcing such agreements does not come without costs.  As such, it is important for in-house counsel to explore with their business clients whether it really makes legal and economic sense to seek such agreements. … Continue Reading