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 of their employers.  Illinois has made similar arguments against Jimmy John’s non-competes. If this trend …

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 what laws might have been violated. The article also says that the Jimmy John’s sandwich …

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. We discuss the Orioles lawsuit against the Nationals and MLB to overturn the cable fees …

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 actions by trade secret owners, because it 1) provides access to federal courts nationwide, 2) …

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 the employer’s resources to create it. But, the arbitration decision depends on an interpretation of …