Sandwich Chain Jimmy John’s to Drop Noncompete Clauses From Hiring Packets – WSJ

The tide continues to turn in the states against employee non-compete agreements. New York, like most states, allows “reasonable” non-competes to be enforced. New York was able to get Jimmy John’s (and Law360 before it) to agree to drop non-competes from their standard employment contracts by arguing that the agreements placed “undue hardship” on employees that outweighed the legitimate interests …

Legal Publisher in Settlement to Drop Noncompete Agreements for Employees

Is the tide turning in New York and Illinois against employee non-compete agreements? This Wall Street Journal article only refers to violations of “New York labor laws” as the focus of the New York Attorney General’s investigation of Law 360’s threat to enforce a non-compete against a former reporter. Since New York contract law permits “reasonable” employee non-compete agreements, it is unclear …

Sports Law Biz Podcast 21: Lawyerball with Charles H. Martin

In this episode, Peter Ott discusses the MASN television rights fees lawsuit between the Orioles and the Nationals with Charles H. Martin. Charles is the author of Lawyerball: The Courtroom Battle of the Orioles Against the Nationals and MLB for the Future of Baseball. Sports Law Biz blogger and podcaster Peter Ott interviews me for the latest episode of his podcast. …

Trade Secrets Law is Now Stronger Than Ever. Will This Lead More States To Invalidate the Less Useful, But More Pernicious, Employee Non-Compete?

Trade Secrets Law is Now Stronger Than Ever. Will This Lead More States To Invalidate the Less Useful, But More Pernicious, Employee Non-Compete Agreement? The “Defend Trade Secrets Act of 2016” was signed into law yesterday by President Obama. It creates a new federal private civil action against trade secret thieves. This is a useful alternative to the pre-existing state private civil …

In HBO’s “Silicon Valley”, Art Imitates Life

    In the Season 2 finale of Silicon Valley, Pied Piper’s survival depends on a noncompete clause! I just watched the final episode of Season 2 of HBO’s “Silicon Valley”. Guess what! The survival of the hot startup “Pied Piper” depends on an arbitration of a claim that the startup belongs to a former employer, because the founder used …

Mass. Tech Employer Says Noncompetes Hurt Workers and Their Employers

[The CEO of a fast-growing tech company explains why he eliminated almost all noncompete agreements for his employees.] None of us would tolerate limitations on where we choose to travel or live, yet there is passive acceptance of restricting where we can work….(Click link for full article) Source: Onshape CEO John McEleney: Noncompetes hurt workers and their employers – The …

Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Were Duke University and the University of North Carolina wrong to agree to not solicit each other’s employees, or, as this article suggests, did they just do it the wrong way? Unlike California, North Carolina does not have a ban on employee noncompete agreements. Source: Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC | Locke …

Nike Settles $10 Million Lawsuit Against Designers Accused of Violating Noncompete and Trade Secrets Agreements

Nike Inc has settled a lawsuit against three former shoe designers it had accused of stealing its commercial secrets and taking them to German rival Adidas AG with plans to open a footwear design Source: Nike settles with designers it accused of stealing secrets | Reuters

Can the Senate stop low-wage employers from tying up workers with non-competes?

U.S. Senators Al Franken and Chris Murphy think so. Today they will introduce  a bill titled the Mobility and Opportunity for Vulnerable Employees (MOVE) Act to try to accomplish this. It would ban noncompete agreements for workers making less than $15 an hour, or $31,000 a year, unless the minimum wage in their jurisdiction is higher. Source: Can the Senate …

Want More and Better Jobs? Ban Noncompetes. – Newsletter 7

Want More and Better Jobs? Ban Noncompetes. I. The Problems – There are Fewer New Businesses and Fewer Well-Paid Jobs in the U.S. Than Before the Great Recession II. A Solution – Employee Noncompete Agreements Hurt Labor Mobility and Business Formation, and Should Be Banned by State Law III. Noncompetes Proliferate, As Do the Studies That Criticize Them   I. The Problems …

Apple and Google Increase No Poaching Lawsuit Settlement 

The employee class action lawsuit against Apple, Google, Intel, Adobe and other Silicon Valley tech companies is nearing settlement. The judge approved an increase in the employee damages from $324 million to $415 million. This represents compensation lost by employees who were not hired away by one of the companies from another company because of a secret agreement between them …

If You Like My Slideshare, Please Vote for My SXSW V2V Panel Proposal by January 23

I have a new Slideshare presentation “5 Things to Do Before You Start A New Job“. If you like this adaptation of my earlier post “Business Booms Where Employee Noncompetes Are Banned, Fed Study Infers, But Use in U.S. Grows“, please vote for my South by Southwest V2V Panel Proposal before Friday, January 23 at http://panelpicker.sxsw.com/vote/44079. SXSW V2V, “A Boutique Event …

A Paris Triumph for Artistic Freedom – With Contract Law – Newsletter 6

I. Clifford Brown Joins the Lionel Hampton Band Before Hampton Orders a Recording Ban for his European Tour II. Quincy Jones and Clifford Brown Go “Underground” in Paris at Night III. Fame and Jazz Glory – Hampton Threatens to Fire Brown – The Contract Law Solution IV. Coda “You’ve got to keep it going.” – Dizzy Gillespie to Clifford Brown …

Business Booms Where Employee Noncompetes Are Banned, Fed Study Infers, But Use in U.S. Grows – Newsletter 5

Dear Readers, I. What Are Employee Noncompete Agreements, and Why Are They Important? II. Richmond Fed Study Ties Detroit Auto Boom to Michigan Ban on Employee Noncompete Agreements III. Richmond Fed Study Ties Silicon Valley Boom to California Ban on Employee Noncompete Agreements IV. Arguments for Employee Noncompete Agreements V. Arguments Against Employee Noncompete Agreements VI. Increasing Use of Noncompete …

Can AT&T Wireless “Throttle” its “Unlimited Data” Customers? – Newsletter 4

Dear Readers, Here is my analysis of the FTC’s suit against AT&T Wireless. I. FTC Sues AT&T for Deceiving its Smartphone Customers II. How AT&T’s Smartphone Data Throttling Works III. AT&T’s Defense of Adequate Disclosure to Customers IV. What Should AT&T “Unlimited Data” Smartphone Customers Do Now? I. Federal Trade Commission Sues AT&T Mobility LLC in San Francisco Federal Court …

Every1’s Guide New Website and Free Info! Now in iBooks+Print! Vote for My SXSW Panel!

Dear Readers, NEW WEBSITE Since I last communicated with you, I have drastically revised my website, www.charleshmartin.com and www.every1sguide.com. It now includes a video introduction, and links to four free video lessons on “What Makes a Contract?”, “Contract Form Requirements and Electronic Contracts”, “Contract Breach, Remedies and Defenses”, and “International Contracts”. The new website also includes links to free PDFs …

Russia Ratifies the U.N. Electronic Contracts Convention – A Step Toward Market-Based Legal Principles? – Newsletter 3

I. The Purposes and Rules of the Electronic Contracts Convention II. Three Differences Between Common Law and Civil Law Legal Systems III. The Russian Federation Civil Law System Preference for Written Contracts IV. The Russian Federation and Other Ratifications of the CISG Requiring Written Contracts V. The Lithuanian Elimination of Domestic and CISG Written Contract Requirements Follows a Shift From …

Percentages of Credit Card Contracts With Required Arbitration 2012

Percentages of CFPB-Filed Credit Card Contracts Requiring Arbitration in 2012 by Issuer Type Here is a second chart of some results from the CFPB Arbitration Study Preliminary Results. Clearly, credit unions were least likely to impose arbitration on consumers and large banks were the most likely to do so….See More — at http://www.consumerfinance.gov/reports/section-1028a-arbitration-study-results-to-date/.

Average Annual Number of Consumer Finance Arbitrations Filed

This is the Average Annual Number of Consumer Finance Arbitrations Filed with the American Arbitration Association (AAA) from 2010 to 2012: credit cards – 344; checking accounts – 24; payday loans – 46; prepaid debit cards – 1. AAA does almost all of the consumer arbitrations in the U.S. The total number of 415 is very small compared to the …

CFPB Arbitration Study Preliminary Results

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) requires the Consumer Financial Protection Bureau (CFPB) to study the effects of consumer finance arbitration clauses. These are contract clauses that require any future disputes between consumers and companies to be resolved through private arbitration, rather than in court. Consumers are required to accept these clauses in “take-it-or-leave-it” …

Your Facebook Status Update Could Cause Your Old Employer to Sue You – Newsletter 1

I. Employers Go Overboard With Non-Compete Clauses II. The Rise of Non-Compete Clauses in Employment III. The Spread of Non-Compete Surveillance to Social Media IV. The Current Common Law and Statutory Law of Contracts on Non-Compete Agreements V. Pushback in State Legislatures Against Employee Non-Compete Agreements   I. Employers Go Overboard With Non-Compete Clauses Employment contracts that prohibit former employees …