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

Tag Archives: restrictive covenants

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

Three Ways in Which Enforcement of Non-Competition Agreements is Like Dating

Posted in Injunctions and Attachments, Noncompetition & Other Restrictive Covenants, Pre-Litigation Considerations

In a prior blog post Three Issues In-House Counsel Should Raise Before Asking Employees To Sign Non-Competes, my co-publisher, Shep Davidson, provided suggestions to help in-house counsel ensure that non-competition restrictions on employees were appropriate and enforceable. As it is Valentine’s Day, we look at three ways in which enforcement of non-competition agreements is like… Continue Reading

Be Wary of State-Specific Requirements for Noncompetition Agreements

Posted in Contracts, Noncompetition & Other Restrictive Covenants

One size most certainly does not fit all when it comes to noncompetition agreements.  Every state has its own requirements when it comes to the enforceability of employee noncompetition agreements.  In some, such as California, noncompetition agreements are unlawful by statute.  In other states, such as Colorado, noncompetition agreements may only be enforced in certain… Continue Reading