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16 Jan 2008, 6:09 am by Marc Mayerson
Regardless whether a particular jurisdiction is a "notice/prejudice" state, see Prince Georges Cty. v. [read post]
16 Jan 2008, 6:09 am by Marc Mayerson
Regardless whether a particular jurisdiction is a "notice/prejudice" state, see Prince Georges Cty. v. [read post]
26 Jul 2012, 12:54 pm by Roy Ginsburg
State law regulates the enforceability of post-employment restrictive covenants, and some states (notably California) severely limit the enforceability of noncompete and non-solicitation agreements. [read post]
27 Nov 2013, 9:23 am by Ronald Mann
  The United States suggests that the ADA preempts the implied covenant claim when it is a separate cause of action, but not when it is simply an element of argument on a pure contract claim. [read post]
26 Apr 2012, 2:45 am
Here are the noteworthy posts of the week: Trade Secret and Covenant Not to Compete Posts, Cases and Articles:  In the latest high profile battle over which state's law should apply (i.e., California v. every other state), sports agent Aaron Mintz is battling his former employer Priority Sports & Entertainment over the enforceability of his non-compete. [read post]
19 Sep 2015, 10:54 pm by Patricia Salkin
Under the terms of the covenant that the prior owners of plaintiff’s land entered into, the owners of the parcel were required, to ensure that “all open views from points off the premises to Oyster Bay shall remain in their present unobstructed state. [read post]
29 Oct 2019, 2:30 pm by Unknown
Reports & journal articles:"Becoming Unconventional: Correcting the 'Particular Social Group' Ground for Asylum," North Carolina Journal of International Law, vol. 44, no. 3 (2019) [full-text]"Closing the Border," New York University Law Review (Forthcoming) [preprint]East Bay Sanctuary Covenant v. [read post]
25 Apr 2013, 6:00 am by Kenneth J. Vanko
Courts correctly reason that such covenants go beyond what is necessary to protect companies from unfair competition, principally because past and prospective customers aren't contributing to existing goodwill.Cases reflecting this principal are widely available, with one of the most recent being Newport Capital Group, LLC v. [read post]