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

  • 22
  • October
  • 2019

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When Onboarding New Employees, Keep An Eye on Privilege Issues

There are a lot of good folks out there who might help your company but who have noncompete agreements or other restrictions in agreements with their current or recent employers. To decide whether to hire such employees, you may decide that you should review their agreement, have discussions with them about the restrictions, and maybe even reach out to their prior employer. In that process, it is best to have legal counsel, either inhouse or external, helping with the review of the situation. It is a temptation to include the candidate in communications with the company’s attorney. However, be careful when instigating such communications because what is said – whether written or verbal – by the company’s attorney to that candidate may not be privileged. If no attorney client, work product, or common interest privilege applies, those communications may be subject to discovery should litigation ensue.

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  • 18
  • July
  • 2019

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To "Blue Pencil" a Non-Compete — What Does That Mean?

Some people worry about the drafting of non-competes more than others. One reason for this is probably that the people who are more relaxed about how the provisions are drafted are in jurisdictions that have the safety net of local courts that will reform or “blue pencil” provisions that are found to be overly broad. If that’s the case, you might be tempted to ask for a little more protection than you need. But if you are a business that has employees in multiple jurisdictions (whether different U.S. states or different countries), you need to pay closer attention because the way the courts deal with this issue can be very different and could result in an all-or-nothing decision on restrictive covenants that your business is relying on.

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The Westeros Citizens Participation Act (Yeah, Right)

My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s office. This amendment to the Texas Citizens Participation Act (the anti-SLAPP law) – should it be signed into law by Gov. Abbott – explicitly says that the TCPA does not apply to a legal action arising from an employer-employee relationship (among other relationships) that seeks to recover for trade secrets misappropriation, or seeks to enforce a non-compete or non-disparagement agreement.

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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