Smooth Transitions Law Blog
Addressing the legal issues arising from the departure of employees & business breakups

Non-Compete Agreements


An Empirical Analysis of Non-Competes
August 6, 2009

                                        Mark Garmaise, an Associate Professor at UCLA’s Anderson School of Management, recently published "Ties that Truly Bind: Non-Competition Agreements, Executive Compensation and Firm Investment."  Garmaise concludes that enforcement of non-competes promotes executive stability, results in reduced executive compensation, shifts compensation […]

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Why BofA won’t join the protocol.
August 3, 2009

"BofA" "UMB" "Kansas City" "The Protocol"

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Forum Shopping Non-Compete Claims
May 7, 2009

In late April Hewlett Packard hired EMC storage division president David Donatelli.  Donatelli  worked  22 years for EMC and made $17 million over the last three.  The hire reportedly stunned the industry.  As part of his new employment Donatelli was going […]

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Texas Supreme Court Rules Non-Compete Enforceable
April 22, 2009

                                           In Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, the Texas Supreme Court reversed the Houston Court of Appeals holding that an accountant’s non-compete agreement was enforceable. The Court stated in part: We hold that if the […]

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The Office: Michael Scott Shows How Not to Compete
March 31, 2009

                                        Two weeks ago on the Office, Michael Scott gave Dunder Mifflin notice of his  resignation. Upon return to Scranton, Michael hatched a plan to start Michael Scott Paper Company and started with some due diligence (I apologize for the advertisement but NBC has […]

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Prospective Employees with Non-Competes
March 24, 2009

With employers aggressively protecting customers and trade-secrets with non-compete agreements,  placement and human resource professionals will continue to encounter potential candidates/employees that have non-compete agreements and other restrictive covenants.    Every employment interview should include exploration into these issues.  Below are some […]

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Merrill Bonus Battles Continue/Non-Compete Suit
March 10, 2009

"Sarbanes Oxley" "Andrew Cuomo" "Fraudulent Conveyance" "Merrill Lynch" "Bank of America" "New York"

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Non-Compete Enforcement Tips
February 20, 2009

                      I liked Jay Shepherds’ remarks in Eight Ways to Lose a Non-Compete Case blog entry.    Here they are with my thoughts in italics: Putting too much faith in the belief that the court will enforce the language of […]

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IBM/Papermaster Settle Non-Compete Suit
January 27, 2009

As with most lawsuits, the previously discussed IBM/Mark Papermaster lawsuit has settled. Papermaster will not go to work with Apple until April and must certify to IBM he is not using any of its trade-secrets in the course and scope […]

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Non-Competes and College Football
January 26, 2009

When University of Arkansas Coach Bobby Petrino suggested non-compete agreements for assistant coaches might be on the horizon, the irony was apparent. Petrino left Louisville for the NFL’s Atlanta Falcons in December 2007 then bolted 13 games into his tenure […]

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