-
Subscribe
Subscribed
Already have a WordPress.com account? Log in now.
Virginia has passed non-compete reform, banning non-compete agreements for certain low and middle income workers. The state joins several others that have recently enacted new laws intended to curb non-compete abuse. Between 1990 and 2015, America experienced an explosion in the use of abusive, clearly illegal non-compete agreements and related litigation. Companies use such agreements … Continue reading
To anyone with even a rudimentary understanding of antitrust law, it is obvious that employee non-compete agreements are at least potentially problematic. By definition, non-compete agreements are agreements not to compete. They are contracts in restraint of trade. But say the word antitrust in a non-compete case and most corporate lawyers and (unfortunately) even some judges … Continue reading
Around 2010, non-compete abuse in America reached peak absurdity. As I have explained many times: This was a a product of the following factors: (1) The internet and the information age. (2) Widespread availability of copy and paste non-compete agreements. (3) Corporate lawyers pushing aggressive use of non-compete agreements as a revenue generation tool. Make … Continue reading
Since starting my own law firm more than seven years ago, I have done one type of work more than any other: Defend poor people against bogus, abusive, illegal non-compete agreements. In all fairness, I have also done lots of work at the other end of the spectrum. I have defended C-Level executives (including some … Continue reading
Proving once again that corporate greed knows no limits, real estate firm Cushman Wakefield recently sued a former janitor, Sonia Mercado, for violating a non-compete agreement. The Washington Post broke the story. Immediately thereafter, following public outcry and a rash of negative publicity, Cushman caved and agreed to drop the lawsuit. Although that is a … Continue reading
In a turn of events that should surprise no one, the bro-ed out start-up WeWork has caught heat for abusing employee non-compete agreements. That’s right. While holding itself as new wave, disruptive, and collaborative, WeWork has simultaneously required every single one of its 7,500 employees to sign an agreement containing a non-compete provision. This includes … Continue reading
It’s August of 2018 and non-compete agreements are still rampant in American markets. Not surprisingly, non-compete litigation remains big business for management-side lawyers, particularly at large corporate firms. But there are cracks in the armor. More and more states are contemplating severe restrictions on the use of non-compete agreements, if not outright bans. And several … Continue reading
In an ongoing battle between rival dating apps, Tinder is suing Bumble for patent infringement, trademark infringement and theft of trade secrets. In a complaint filed on March 16, 2018, Match Group, LLC – parent company of Tinder, Match, OkCupid and more – claims that Bumble is a Tinder clone, built using stolen technology. The … Continue reading
On April 3, 2018, the Department of Justice’s Antitrust Division announced the first no-poaching antitrust settlement of the Trump Administration. Previously, senior DOJ officials had made public comments indicating that the DOJ intends to aggressively police no-poaching agreements, including via criminal prosecutions. According to the DOJ, the antitrust conspiracy involved two of the world’s largest … Continue reading
IBM & Its Diversity Trade Secrets: IBM had sued its former Chief Diversity Officer for moving to Microsoft and breaching a non-compete agreement. At issue: IBM claimed that Lindsay Rae McIntyre was privy to “trade secrets” regarding IBM’s efforts to promote and retain diverse talent. I call bullshit. Somewhat shockingly, the SDNY issued a temporary … Continue reading
the non-compete blog 