A recent article in the New York Times highlights the use of non-competes in a wide variety of occupations including a summer camp counselor and a hair stylist. The article seems to casts non-competes as used in too many situations […]
If you follow the ups and downs of non-competes across the country you’ll note that there is a populist fervor in favor of banning non-competes in some states including Massachusetts. The argument generally goes that non-competes stifle innovation and […]
In late May a Houston jury issued a $3 million dollar plaintiff’s verdict against National Oilwell Varco. The jury awarded Plaintiff Manasseh Simmons $775,000 in back pay and $2.5 million dollars in punitive damages based on violations of various […]
Sunday night was the midseason finale of Mad Men. It’s always hard to stick with a television series for more then a few seasons, at least for me. Mad Men has been no different but I still follow along into […]
As a follow up to my post last week, here are some things to think about including as part of an arbitration clause: A requirement that the case be disposed of within a certain time period. (i.e. 6 months from […]
We’ve discussed the ins and outs of arbitration at length previously. I’ve spent the last few years in a number of arbitration proceedings so in no particular order here are my recent thoughts on the process: 1. Speed. From start […]
When instant messaging first came out, employment lawyers warned employers about the perils of such products and the good advice that they should have some policy on their use. Back then, IM software was typically downloaded and then used by […]
A few months ago I confronted another FaceBook related case where we were arguing over what level of FaceBook activity constituted a solicitation in violation of a non-solicitation covenant. I’ve previously discussed this issue and given the sage advice that […]
Just a few random thoughts on Non-Compete/Non-Solicit TROs after some recent experiences: Hopefully the other side is represented by counsel – Despite popular belief the ex parte TRO is in many instances much harder to […]
The reality of the litigation world is the vast majority of cases are settled. That means there is no trial, there is no summary judgment, and there is no ultimate decision […]
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