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I’ve been saying it for years: Non-compete agreements are restraints of trade and are subject to antitrust scrutiny. The United States Court of Appeals for the Ninth Circuit agrees. Before the court can consider whether or not there has been a breach of an agreement not to compete, it first must evaluate the propriety of … Continue reading
A recent case out of the United States Court of Appeals for the Eighth Circuit raises some interesting issues related to assignment of employee non-compete agreements. Let’s take a look: Brandon Tipton, Michael Gilbert and Steven Padgett all worked for Treadway Electric Company in Arkansas. Treadway was a distributor of electrical supplies and equipment. As … Continue reading
Jurisdiction and removal may not sound like hot topics, but these considerations are critical and sometimes dispositive. Real talk: Certain state court systems are terrible places to litigate. It’s one thing to litigate a complex commercial case in Delaware state court, which is the highest ranked state court system by numerous metrics (here). Litigate that … Continue reading
A fascinating, salacious trade secrets case out of the Western District of Missouri and the Eighth Circuit Court of Appeals: Hallmark Cards, Inc. hired Monitor Company Group, L.P. to provide research related to the greeting cards market. Monitor then took the research it had prepared for Hallmark and gave it to a related private equity … Continue reading
the non-compete blog 