This case should encourage employers and those selling their business to draft their non-competes with a more reasonable geographic scope (or else risk a court throwing the non-compete out altogether). But those who are asked to sign a non-compete should keep in mind that even if their non-compete is probably unenforceable, an employer can still sue to enforce it and cause the employee a lot of stress and attorneys’ fees.
As mentioned in the prior post, I was in court in October (2016) and tried a non-compete case for my…
I have tried three cases in the last 12 months, but none more difficult than a non-compete case in Lexington…
In its first non-compete case involving a physicians, the South Carolina Court of Appeals used mostly well-trodden commercial case precedent to reverse a bench trial holding that the agreements were unenforceable
The most recent reported South Carolina case involving non-compete is Team IA, Inc. v. Lucas, 717 S.E.2d 103 (S.C. Ct. of App. Oct. 2011). The case provides only modest insight into the legal landscapes of non-compete agreements, and in some ways creates a bit of uncertainty.
It is happening. Slowly, states are making it easier for employers to enforce non-competes. Recently, the Texas Supreme Court abandoned…
Too many employees who have signed a non-compete agreement fail to take notice that they have agreed to be sued in another state. These provisions are known as “forum selection clauses.”
The more non-compete matters I review and litigate the more certain I am that geographically based non-competition covenants should be per se unenforceable.
“A recent study by Shepherd Law Group shows that noncompete litigation nationwide has continued to trend upward, despite a slowing…
In Bimbo Sues the Muffin Man, I briefly discussed the inevitable disclosure case filed by Bimbo Bakeries against a former…