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Results: 1-10 of 106

Pleading former employer’s breach of employment contract: affirmative defense or counterclaim to suit for violating non-compete and non-solicitation covenants?
  • Seyfarth Shaw LLP
  • USA
  • June 11 2013

Affirmative defenses and compulsory counterclaims. In many instances, the consideration for an ex-employee's non-compete and non-solicitation


Geographically overbroad non-competes held to be unenforceable
  • Seyfarth Shaw LLP
  • USA
  • February 26 2015

In unrelated decisions, two federal courts recently refused to enforce non-compete covenants in employment agreements that lack reasonable geographic


Non-Disclosure Agreement Enforceable Although Unlimited In Time And Area
  • Seyfarth Shaw LLP
  • USA
  • December 14 2015

A salesman for a medical device manufacturer signed a confidentiality covenant at the time he was hired. A dozen years later, he resigned and went to


Employment agreement mandating arbitration with exclusion to seek equitable relief from court for non-compete violations found unconscionable
  • Seyfarth Shaw LLP
  • USA
  • July 29 2013

Tatum, an employee of ProBuild, purportedly blew the whistle on her subordinate for allegedly stealing from ProBuild. Shortly thereafter, she was


Pennsylvania’s highest court rules continuing employment insufficient consideration for non-compete
  • Seyfarth Shaw LLP
  • USA
  • November 24 2015

Do you have workers in Pennsylvania? If so, do you ask them to sign non-competes after they have already been employed with your company for some


“Gist of the action” doctrine may require dismissal of tort claims based on breach of restrictive covenants in employment agreement
  • Seyfarth Shaw LLP
  • USA
  • October 19 2012

Pursuant to the “Gist of the Action” doctrine, tort claims may be dismissed if they are “intertwined with,” and not just “collateral to,” contract claims in the same complaint


Utah appellate court holds that "confidential" price list is not a trade secret but a contract bid could be, and Uniform Trade Secrets Act preempts common law claims based on misusing confidential information not a "trade secret"
  • Seyfarth Shaw LLP
  • USA
  • March 21 2012

In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct


Montana Supreme Court holds that employer may not enforce non-compete agreement where employee was terminated without cause
  • Seyfarth Shaw LLP
  • USA
  • December 22 2011

As a result of a recent ruling by the Montana Supreme Court in a case of first impression in that state, an employer there -- as in several other states -- ordinarily will not be permitted to enforce a non-compete provision in an employment agreement where the employer was solely responsible for ending the employment relationship


Non-compete that grants an employer the right to seek injunctive relief no guarantee that injunction will issue
  • Seyfarth Shaw LLP
  • USA
  • June 12 2015

A trial court declined to enter a preliminary injunction in a non-compete covenant case despite a provision in the covenant giving the employer the


North Carolina federal court uses Computer Fraud and Abuse Act claim to exercise supplemental jurisdiction over state law claims against former employee and her new employer
  • Seyfarth Shaw LLP
  • USA
  • March 20 2013

A North Carolina federal court judge exercised his discretion recently to deny a Federal Rule 12(b)(1) motion to dismiss, for lack of subject-matter