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

  • 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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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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  • 11
  • July
  • 2017

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Texas Supreme Court Weighs In on Jones Act Coverage

The Texas Supreme Court recently addressed an important question of Jones Act coverage: when is a vessel “out of navigation” and thus outside the Act’s purview?1 With the number of stacked rigs in the Gulf of Mexico, this is an important case for companies with employees on those rigs. In a 5-4 split decision, the Court found that a ship that was taken out of service, subjected to a 20-month conversion process, and unable to engage in transportation was “out of navigation.”

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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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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