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 …
Baseball and Your Right to Go to Court
What does baseball have to do with your right to go to court? Read Lawyerball to see the arguments that a billion-dollar ball club used to avoid an arbitration result that they said was unfair in procedure and substance. Source: Lawyerball – The Courtroom Battle for the Future of Baseball
Baseball and Your Freedom to Choose Your Work – Pre-Order Lawyerball Before April 4 and Get a Free Book PDF
Baseball players were prevented from choosing their work for 120 years through the “reserve clause”. Now employers are trying to prevent their employees from being able to choose their work through non-compete agreements. Source: Lawyerball – The Courtroom Battle for the Future of Baseball
Message to the Senate — The UN Convention on the Use of Electronic Communications in International Contracts | whitehouse.gov
Eleven years after it was approved by the United Nations Commission on International Trade Law, the UN Convention on the Use of Electronic Communications in International Contracts (also known as the “Electronic Contracts Convention”) has been sent by the President to the Senate for ratification. A substantial portion of my book, Every1’s Guide to Electronic Contracts, analyses this Convention. My …
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 …
Judge Awards Beastie Boys $668,000 in Legal Fees After Copyright Infringement Trial
The Beastie Boys won $1.7 million in damages for a copyright violation by Monster Energy. My Newsletter 2 discusses this copyright infringement trial, and the related failed attempt to create a contract through an exchange of emails. See http://bit.ly/1i9kJZE Source: Judge Awards Beastie Boys $668,000 in Legal Fees After Trial
New York Attorney General Questions Revised eBay and PayPal User Agreements That Force Consent to Telemarketing
New York law enforcement officials wrote the companies’ general counsels this week that the new policy, allowing phone calls for polls or marketing, “raises issues” under consumer protection laws. Source: EBay and PayPal Revise Their User Agreements, and Hit a Nerve – The New York Times
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 …
