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Category: Basics

Bulls-Eye: An Overly Broad Radius

April 26, 2009 Andy Arnold Leave a comment

Many non-competes will prohibit a former employee from competing with in a certain defined radius.  Drawing a circle and declaring…

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Posted in: Basics, Geographical Limitations Filed under: radius

What’s (all the) Muckenfuss about? Quotations

April 6, 2009 Andy Arnold Leave a comment

You got to love the name Muckenfuss, as in the South Carolina Court of Appeals’ opinion in Carolina Chemical Equipment…

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Posted in: Basics, Non-Compete Trends, Trade Secrets Filed under: Trade Secrets

More than Threats: Consideration and At-Will Employment

March 30, 2009 Andy Arnold Leave a comment

Beat Your Non-Compete Bottom Line: If you signed a non-compete after you started your job but all you got in return was to keep your current job, then it is not enforceable. However, if you get a raise or a promotion, then it is a different ball game; most likely, these will suffice to bind you to your non-compete.

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Posted in: Basics Filed under: Consideration

Massachusetts Bill Would Ban Non-Competes

January 15, 2009 Andy Arnold Leave a comment

The law is titled “An Act to Prohibit Restrictive Employment Covenants.” The bill would render unenforceable “any written or oral…

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Posted in: Basics

Beat Your Non-Compete Manifesto

January 5, 2009 Andy Arnold Leave a comment

Recently, I joined a lawyer message board on LinkedIn called, Non-Compete Lawyers. It appears that many represent those seeking to…

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Posted in: Basics

Non-Solicitation Provisions: Existing Customers

December 19, 2008 Andy Arnold Leave a comment

As previously discussed, the most basic requirement of an enforceable non-compete is that it be “reasonably limited in its operation…

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Posted in: Basics

A Recipe to Beat Your Statewide Non-Compete

December 13, 2008 Andy Arnold Leave a comment

Most employers overreach: They don’t want competitors, period. So, when given a chance to draft a non-compete, they want it…

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Posted in: Basics

Reality Check: Costs of Noncompetes: Action vs. Inaction

November 23, 2008 Andy Arnold Leave a comment

I have found myself explaining to prospective clients more and more: “Even if you win, you lose.” The cost of…

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Posted in: Basics

Open Source

November 16, 2008 Andy Arnold Leave a comment

My son just took my old laptop and replaced the Windows XP operating system with Ubuntu, a Linux operating system.…

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Posted in: Basics

Case Study Part II: Stonhard v. Carolina Flooring

November 12, 2008 Andy Arnold Leave a comment

In Stonhard, my clients worked for a commercial and industrial flooring company: A multi-national corporation. My clients generated less than…

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Posted in: Basics

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Law Office of W. Andrew Arnold, P.C.

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