The Conan O’Brien/Jay Leno imbroglio of the last couple weeks appears to be winding to an end. According to reports from TMZ, Conan will receive a $32.5 million dollar payout but sit on the bench and not start a […]
Non-compete agreements cover a range of businesses/industries from financial services, to food and beverage, dance studios, and even pet care. It should come as no surprise that a lawsuit was filed by Surgical, Cosmetic, and Weight Loss Centers of America against […]
Whenever I talk with an employee or employer about a noncompete or nonsolicitation agreement the number 1 question is "Can you provide me with the agreement you (or the employee) signed?" Usually, the employer has a nice neat employment file […]
Petsmart recently sued a St. Louis petshop over a former employee’s alleged violation of a noncompete. The agreement prevents Chris Lee, a co-owner of A Walk in the Park, from working at a petshop within a five-mile radius of any […]
Over the last few weeks I’ve been involved in defending and applying for temporary restraining orders in non-compete/trade secret cases in Houston and Dallas County District Courts. A few observations on those proceedings: It is much easier to get […]
In July we discussed IBM’s non-compete case against former director David Johnson. The trial court denied IBM’s injunction and IBM appealed to the Second Circuit. The Second Circuit denied IBM’s appeal. The summary order addressed IBM’s failure to show a […]
The Texas non-compete statute reverses the burden of proof in certain limited situations: If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, for a term or […]
On October 3rd, Starbucks determined through an Internet search that former senior vice-president Paul Twohig had accepted a position with rival Dunkin Donuts. In response Starbucks filed a lawsuit in Seattle seeking to enforce the18 month non-compete agreement Twohig signed. […]
An update on Robert McCann’s lawsuit challenging a non-compete agreement he entered into with Merrill Lynch. McCann wants to work for UBS, but BofA won’t let him. BofA lawyer Steven M. Kayman’s take on the lawsuit: This man signed a contract. […]
It’s been a few weeks since I’ve discussed BofA but once again the company is involved in litigation, this time over a non-compete. This time, BofA is on the receiving end of a lawsuit filed by Robert McCann, former head of […]
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