Restrictive Covenants in the Second Circuit
Unlike in the Ninth Circuit, in states comprising the Second Circuit, common law generally governs the use of restrictive covenants. Still, many of the specific factors for analysis in these states...
View ArticleRestrict Covenants in the Eleventh Circuit
Each of the states within the Eleventh Circuit governs the use of restrictive covenants through statutes. Generally, both Florida and Alabama permit the use of restrictive covenants where the...
View ArticleRestrictive Covenants in the Seventh Circuit
States within the Seventh Circuit employ the reasonability standard used in many other circuits to determine whether a restrictive covenant is enforceable. Two of these states, Illinois and Indiana,...
View ArticleRestrictive Covenants in the Third Circuit
In the Third Circuit, common law generally governs the use of restrictive covenants. States in this Circuit employ a reasonability standard to determine whether a restrictive covenant is enforceable....
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A Nail in the Coffin? Another California District Court Finds That Employee...
A federal district court in San Jose recently ruled, in WeRide Corp., et al. v. Kun Huang, et al., that employee non-solicitation agreements are “void” under California Business & Professions Code...
View ArticleRestrictive Covenants in the Fifth Circuit
As in most states, the enforceability of restrictive covenants or non-compete clauses in the Fifth Circuit turns primarily on the reasonableness of the restriction’s geographic and temporal scope....
View ArticleRestrictive Covenants in the Fourth Circuit
States within the Fourth Circuit vary in their enforcement of restrictive covenants. Virginia, Maryland, and South Carolina govern the use of restrictive covenants through common law while North...
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Employee Wrongdoing Does Not Guarantee Favorable Trade Secrets Verdict
After a week-long trial in June, a jury in the Southern District of Texas awarded digital marketing firm Six Dimensions, Inc. (Dimensions) $287,000 for its breach of contract claim against its former...
View ArticleRestrictive Covenants in the Sixth Circuit
As in other states, the enforceability of restrictive covenants or non-compete clauses in the Sixth Circuit turns primarily on the reasonableness of the restriction’s geographic and temporal scope....
View ArticleRestrictive Covenants in the First Circuit
In the First Circuit, restrictive covenants are governed predominately by statute (with the exception of Puerto Rico, which governs such agreements through common law). Within the last year, Maine,...
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Under Alcom v. Temple, Speculative Harm Does Not Meet the Irreparable Harm...
On May 6, 2020, the U.S. District Court for the District of Maine denied plaintiff Alcom’s request for a temporary restraining order (“TRO”), which sought to enjoin a competitor’s alleged...
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Illinois Law Imposes New Restrictions on Non-Compete Agreements
Following a national trend that we previously posted about, Illinois recently passed legislation to further restrict the use of non-compete agreements against low-wage workers. Under the previous...
View ArticleRestrictive Covenants in the Tenth Circuit
Within the Tenth Circuit, states vary in their enforcement of restrictive covenants. Wyoming, Kansas, and New Mexico govern the use of restrictive covenants through common law while Utah, Colorado, and...
View ArticleRestrictive Covenants in the Seventh Circuit
As a part of our series on trade secret employee contract clauses, we have surveyed the Seventh Circuit for updates on the law pertaining to Restrictive Covenants. Each state’s laws are set forth...
View ArticleRestrictive Covenants in the First Circuit
To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed...
View ArticleNo Non-Compete? No Problem. Texas Court Grants TRO Forcing Former Employees...
Restrictive covenants and non-compete agreements have been a frequent topic of this blog in recent months, and rightfully so. Non-competes are generally thought to be effective tools to help firms...
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