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 …

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 Boston Globe

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 Lord LLP – JDSupra

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

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 for Startups to Learn, Connect and Grow”, will take place July 19-22 in Las Vegas, …

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 after the death of trumpeter Theodore “Fats” Navarro (1950) “Don’t take a trumpet player with …