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Kentucky appellate court affirms authority of Kentucky courts to modify overly broad non-competition agreements in the employment context and sets forth “guiding principles” for future non-compete cases

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 6 2012

In a recent opinion, Creech, Inc. v. Brown, the Kentucky Court of Appeals both affirmed the ability of Kentucky courts to modify overly broad non-competition agreements in the employment context and laid out a six-part framework that trial courts may follow when analyzing the reasonableness and enforceability of non-competition agreements

Federal Court requires foreign resident to litigate non-compete dispute in Missouri based upon Forum Selection Clause

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 26 2013

It's 8,242.7 miles or a 17 hour flight between the Philippines and Missouri. Nobody would dispute that this is a significant distance, but as far the

Top 10 developmentsheadlines in trade secret, computer fraud, and non-compete law in 2012

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 31 2012

As part of our annual tradition, here is our list of the top 10 developmentsheadlines in trade secret, computer fraud, and non-compete law for 2012

Missouri Supreme Court reaffirms that Missouri is a pro non-compete jurisdiction, enforcing non-competition and modified non-solicitation agreements against non-resident former security company employees

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 21 2012

The Missouri Supreme Court recently issued a decision, Whelan Security Co. v. Kennebrew, et al., 2012 Mo. LEXIS 167, reaffirming Missouri as a pro non-compete jurisdiction for employers

The state of the employee: California Court of Appeal finds that non-competition agreement contained in employment agreement is unenforceable against former selleremployee even though it was executed in connection with the sale of a business

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 27 2012

Non-competition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to California’s general prohibition against non-competition agreements

California court rules that non-competition agreement contained in employment agreement is unenforceable against former seller even though it was executed in connection with the sale of a business

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 29 2012

Noncompetition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to Californias general prohibition against noncompetition agreements

Employers' obligation to defend and indemnify rogue employees in California?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 14 2011

On October 12, 2011, the California Court of Appeal in Nicholas Laboratories, LLC v. Christopher Chen, No. G044105, 2011 WL 4823329 (Cal. Ct. App. Oct. 12, 2011), held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee

California federal court boots employee’s challenge of his non-compete because of Pennsylvania forum selection provision

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 27 2012

In a recent order, a federal court in the Northern District of California weighed in on the validity of a forum selection clause contained in an employment agreement in connection with a California employee’s declaratory relief action to invalidate his non-compete provision with his former employer

Oregon federal court permits declaratory relief suit to proceed in race to judgment non-compete dispute

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 13 2012

In light of Valentine’s Day, a blog involving two competitors specializing in heart rhythm therapy seems fitting

Top 10 2011 developmentsheadlines in trade secret, computer fraud, and non-compete law

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • January 17 2012

We have compiled a list of the top 2011 developmentsheadlines in trade secret, computer fraud, and non-compete law