Okay. I confess: I have been really busy (what a blessing) and have not had a chance to write much.…
Discussion of the evolution of common law doctrines which erode employee bargaining power and freedom.
In many non-compete cases, the issue arises as to whether the employer has fulfilled all of its contractual obligations under an employment agreement, and if not, the employee can use this “unclean hands” defense in an action to enforce a non-compete agreement.
It has been a while since I posted. Will save the excuses, but thought I would take this opportunity to…
On August 2oth, 2009, the South Carolina Court of Appeals issued an opinion in Milliken & Co. v. Morin. The…
A recurring issue in my practice is whether information known by a former employee is a “trade secret.” Many times the information at issue is a client list or simply the identify of clients and/or customers. The South Carolina Supreme Court considered this issue in the case of Atwood Agency v. Black, 374 S.C. 68, 646 S.E.2d 882 (S.C. 2007).
When I sit with a prospective client and give them a legal opinion, I have to admit the sad truth of the practice of law: No matter what the law says, some judges cannot be trusted to follow it. For all we hear about activist judges, my experience that “inactivist judges” are just as much a problem.
South Carolina courts have upheld covenants not to solicit employees by a former employee but only to the extent that such solicitations interfere with contractual relations. This rule makes much more sense than those applied to solicitation of customers.
So, what happens when the state identified in a non-compete’s choice of law is different than the state in which…
I recently wrote a letter on behalf of a nice lady who had a noncompete, which was on the verge…