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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 19
  • January
  • 2018

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One Size Does Not Fit All: Non-Competes in the Asia Pacific

Much like in the U.S., Asia-Pacific countries generally disfavor restraints on trade as a matter of public policy and enforce them, if at all, only to the extent the restrictions (1) are reasonable in light of the facts, (2) are supported by adequate consideration, and (3) protect a legitimate business interest. Highlighted below are certain guidelines concerning post-employment non-compete agreements in seven nations that are popular choices for regional headquarters of U.S.-based multinational companies.

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  • 02
  • November
  • 2017

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Non-Compete Agreements Are Getting Even More Personal

In crafting their non-competes, employers often focus on the “big ticket” questions: How long can a former employee be sidelined? How large of an area can the former employee be prevented from working in? What type of conduct can the former employee be restricted from doing? Given that the answers to these questions have a large practical impact on an employer’s operations, it is perhaps unsurprising that the more abstract concept of personal jurisdiction does not often steal the spotlight. But, in light of a recent decision by the Court of Chancery of Delaware, perhaps it should.

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HR Checklist for the New Year

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm called Harvey got in the way. So in belated celebration of the new Labor year, I now provide to you a checklist for the coming year as our New Year gift.

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Time to Review Nonsolicitation Covenants

I’ve found that it’s fairly common for Texas employers to have questions about the enforceability of a non-compete, but not so common for them to ask about the enforceability of their non-solicitation agreements. Yet, I often find myself in a courtroom relying on those non-solicits to try to get a departed employee to stop contacting a client’s customers or employees.

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Employers May Not Always Enjoy the Luck of the Irish

During meetings in Dublin, Ireland, I was reminded that employers in many countries outside the U.S. need to be prepared for injunction cases when terminating employees. I spent the first three months of this year representing an employer that brought an injunction action against a former executive for enforcement of non-compete and confidentiality obligations. It was intense and time consuming, but the company was on the offensive to protect its business interests. Injunction cases are still rare in the U.S., and even less likely to be brought by employees upon termination than by the employer. In places such as Ireland, however, employers might instead find themselves on the defensive in injunction cases. There, employees can bring injunction actions to stop the employer from terminating their employment and require continued payment of the employees’ wages.

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  • 02
  • May
  • 2017

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Generics? For Drugs, Maybe, But Not for Restrictive Covenants

If employers are serious about protecting their confidential information, they should stop using generic form agreements to protect that information. 

Too often, I come across employers who are using non-disclosure agreements that appear to have been downloaded from some human resources group’s website. The generic definitions used in those agreements do little to inform employees what their employer considers so important that they should not tell anyone else about it. If the goal is to make sure the employees protect the employer’s information, these agreements should—at a minimum—describe with some specificity the information the employer is trying to protect. After all, if employees don’t understand an agreement, it will be very difficult for them to comply with it.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate