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
Let’s beat the same drum but only this time, take it a step further: Widespread Ignorance About Non-Competes & Antitrust Certain practitioners and judges have absolutely no understanding of the antitrust principles upon which non-compete law is based. True story: I was in a hearing in front a federal judge who I will not … Continue reading
A recent article in the Wall Street Journal states what some of us have known for the past few years: Litigation over non-compete agreements is on the rise. But rather than that assertion being purely anecdotal, the story backs up that conclusion with statistical data. Apparently, over the past decade, there has been a 61% … Continue reading