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That alone does not mean you are not entitled to severance pay.NOTE: Click HERE to read an in-depth discussion on the issues arising when severance offers are tied to non-compete restrictions (it's got Videos and everything!). [read post]
1 Mar 2016, 11:40 am by Lauri F. Rasnick
Even in the context of stock option plans, restricted cash, or other monetary benefits, consideration may still be a concern when restrictive covenants are added to preexisting plans or benefits. [read post]
8 Apr 2010, 6:35 am by Dan Frith
The following AMA ethical opinion discourages the use of restrictive covenants in physician contracts:E-9.02 Restrictive Covenants and the Practice of MedicineCovenants-not-to-compete restrict competition, disrupt continuity of care, and potentially deprive the public of medical services. [read post]
1 May 2009, 1:40 am
 Under Indiana law, when an employer drafts an overly broad covenant no to compete, the price of over-reaching is that the restriction cannot be enforced at all, even if it would have been possible to draft and enforce a narrower, more reasonable restriction. [read post]
Employers will need to start reviewing the law to see how the provisions of Bill 27 impact their HR and payroll practices and comply with the due dates, including the need to start preparing a policy on employees rights to disconnect from work (if applicable) and the review of non-compete clauses in sample employment contracts or restrictive covenants or settlement agreements and releases. [read post]
” The court further observed that the impact of the show cause penalty is exacerbated by the pervasiveness of NCAA-member schools; “the restrictive covenants provide a much greater restriction than a single non-compete agreement between employee and employer… McNair’s ability to practice his profession as a college football coach has been restricted… not only in Los Angeles and California, but in every state in the country. [read post]
8 Apr 2008, 12:30 pm
The dissent further noted, "if such a [forfeiture] provision had been in the form of a restrictive covenant, it would never pass the reasonableness test set by earlier court decisions. [read post]
7 Dec 2023, 1:30 am by Sherica Celine
By: Practical Guidance Real Estate, Construction, and Finance Attorney Teams PRACTICAL GUIDANCE RECENTLY COMPLETE ITS ANNUAL PROVATE MARKET DATA REAL ESTATE SURVEY. [read post]
18 Mar 2024, 9:55 am by Michael Pass
For example: A covenant requiring the buyer to operate the target business consistently with the seller’s past practice may be helpful, but as a general standard, it requires a fact-intensive analysis. [read post]
6 Jan 2023, 9:36 am by admin
Using these mechanisms will become ever more important as our laws move away from using contractual restrictions on the flow of top-sensitive-information-bearing talent from one competitor to another. [read post]
18 Oct 2016, 1:56 pm by Peter S. Lubin and Vincent L. DiTommaso
The only exception provided by the new law are agreements concerned with buying and selling physician practices, so long as those non-compete agreements last for less than five years. [read post]
25 Mar 2013, 6:17 am by Rachel, Law Clerk
Leave Denied by Supreme Court of Canada in Bank Class Action Cases Bank overtime lawsuits can proceed as class-actions, SCOC says | CTV News New York City Cop Testifies That He Was Told To Target Young Black Men for "Stop and Frisk" Baseball’s Suit Against Clinic Over Performance-Enhancing Drugs Cites Six Individuals Fired for being gay - legal in 29 US states  Divorce just as much a hurdle as marriage for the LGBT  ‘Vexatious litigator’ is suspect in courthouse bomb… [read post]
8 Apr 2022, 5:34 am by Justin K. Beyer and Ian Long
Seyfarth attorneys Justin Beyer and Ian Long will discuss: Understanding how the law considers trade secrets and restrictive covenants; Best practices for protecting trade secrets and issue-spotting restrictive covenants when onboarding and off-boarding employees; Practical considerations if the employer believes its trade secrets have been misappropriated, if they have improperly received another company’s trade secrets, or if… [read post]
7 Apr 2022, 9:05 pm by Alperen Afşin Gözlügöl
Yet my analysis shows that lending arrangements – including security interests, undertakings, (non-)financial covenants and other restrictions – can nonetheless be effective in monitoring, deterring, and restraining value diversion in debtor companies, even if that is not their main purpose. [read post]
11 Feb 2014, 4:44 am by Jon Hyman
According to EEOC Regional Attorney John Hendrickson, the lead litigator in the case: Charges and communication with employees play a critical role in the EEOC’s enforcement process because they inform the agency of employer practices that might violate the law. [read post]
9 Jun 2014, 7:00 am by Kenneth J. Vanko
Courts seem receptive to the notion that it is impermissible to use the bankruptcy laws offensively to continue violating unexpired restrictive covenants.It also is important to keep in mind that considerations of lifting a stay are different in Chapter 11 or 13 cases when enforcement of a covenant not to compete may affect a debtor's ability to reorganize and earn income. [read post]