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Managing the Modern Workplace
Managing the Modern Workplace

The Federal Trade Commission seeks public comment related to its future role in restricting the use of non-compete clauses in employer-employee contracts.

Managing the Modern Workplace

March 3, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit  decision, Faludi v. U.S. Shale Solutions, L.L.C.

Managing the Modern Workplace

February 20, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Have you seen situations in which executives are subject to non-compete and non-solicit covenants in their employment agreements, equity/shareholder agreements and a business sale agreement, all at the same time? Having three sets of similar restrictions all running simultaneously might seem like overkill, but there are often good reasons for it.

Managing the Modern Workplace

February 18, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

October 22, 2019
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

July 18, 2019
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

May 23, 2019
Managing the Modern Workplace
Managing the Modern Workplace

Disclaimer: This article does not contain any tips for dressing well. Instead, I address what happens if one of your employees walks out the door to join a competitor and that competitor begins to…

Managing the Modern Workplace

April 11, 2019
Managing the Modern Workplace
Managing the Modern Workplace

I have been a member of the Massachusetts Bar for 20 years and, even though I have lived in Texas since 2005, I still get calls about Massachusetts non-compete agreements from time to time. In the…

Managing the Modern Workplace

August 28, 2018
Managing the Modern Workplace
Managing the Modern Workplace

Cloud storage is easy to set up, very shareable, accessible on an iPhone, and thus commonplace in workplaces across the country. The use of this technology, however, poses unique challenges for…

Managing the Modern Workplace

June 26, 2018
Managing the Modern Workplace
Managing the Modern Workplace

In our February post discussing this issue, we predicted that federal criminal antitrust prosecutions of no-poaching and no-hire agreements were on the near horizon due to the U.S. Department of…

Managing the Modern Workplace

May 15, 2018
Managing the Modern Workplace
Managing the Modern Workplace

Imagine an employee who has access to valuable information regarding how your business is run. That employee then accepts a position with a competitor in which he would perform similar job duties and…

Managing the Modern Workplace

March 23, 2018
Managing the Modern Workplace
Managing the Modern Workplace

In November 2016, we reported that the nation’s antitrust enforcement agencies, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission, had jointly issued…

Managing the Modern Workplace

February 27, 2018