Gale, Co-Chair, Intellectual Property Litigation with Cozen O'Connor, will speak at The Knowledge Group's webcast entitled: "Trade Secrets Law and
Non-Compete Agreements: Trends and Updates for Companies to Avoid Litigation Pitfalls." This event is scheduled for Tuesday, October 08, 2019 from 12:00 pm to 2:00 pm (ET).
Non-compete case law can be complicated, but there are some simple parameters.
Flood Insurance: The Federal Emergency Management Agency has reduced the National Flood Insurance Program's Write-Your-Own compensation rate and rescinded the WYO
non-compete clause, which will allow NFIP participating carriers to sell private flood insurance.
For anyone who is not an executive, a
non-compete clause means the company doesn't care about your career growth the moment you step out of the door.
In 2016, the Utah Legislature took an aggressive step in limiting
non-compete agreements.
Clair Circuit Court in Illinois, alleged breach of fiduciary duty, violation of a
non-compete covenant and civil conspiracy, among other things.
In a merger or acquisition (MandA) where a company purchases either the assets or shares of stock of a competing company, the buyer usually insists the inclusion of a
non-compete clause that prohibits the seller from engaging in any business that competes with the buyer.
Instead, language should be specific and outline why the
non-compete agreement is essential to protect your legitimate business interests and how a breach of the contract would exceed ordinary competition that a stranger could provide.
Time will tell, but in either case, the
non-compete agreement has once again become a topic of conversation in lighting.
A
non-compete that unduly restricts trade or livelihood likely wouldn't be enforceable anywhere.
Under California statute, the owners of the appraisal firm almost certainly cannot enforce the
non-compete provision in the agreement you signed.
Deval Patrick and the venture capital firms that back startups in the state when the Legislature declined to ban
non-compete agreements.