Category Archives: Non-Competes

Can CEO’s learn something from Dolphins owner Stephen Ross’s problems with the NFL?

Earlier this week, multibillionaire and longtime Miami Dolphins owner Stephen Ross was found to have violated the league’s tampering rules in a scheme described as “unprecedented in scope and severity” by commissioner Roger Goodell. It’s hard for someone like me … Continue reading

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Despite Two Closely Watched Trial Losses, DOJ Pressing on with Controversial Criminal No-Poaching, Price-Fixing Antitrust Enforcement

Is the DOJ going too far by aggressively pursuing criminal no-poach and price-fixing charges as per se violations of the Sherman Antitrust Act? In two recent trials testing these enforcement theories for the first time, jurors thought the government’s cases … Continue reading

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Panel of Global Employment Lawyers Agrees on One Thing: U.S. Noncompete Laws Create Unique Challenges

The state-by-state patchwork of noncompete laws is difficult enough for U.S.-based businesses, let alone employers with a cross-border presence. I had the pleasure of exploring this topic with a panel of U.S. and UK-based employment lawyers as part to the … Continue reading

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Backlash Builds for Noncompetes

For a generation of workers, noncompete agreements have steadily crept into more and more facets of the working world to the point that even low- and middle-wage earners are increasingly being asked to sign the agreements as a condition of … Continue reading

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In Buc-ee’s Retention Pay Squabble, Former Manager Scores Big Payback from Appellate Court

A Texas appellate court recently stiff-armed the Buc-ee’s convenience store chain for a poorly considered retention pay provision that amounted to “unenforceable restraints of trade.” The court’s interpretation of the retention pay provision is a learning opportunity for employers who … Continue reading

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5 Lessons About Protecting Digital Assets From ZeniMax v. Oculus VR

The November edition of DCEO magazine dives into the recent $500 million jury verdict against Facebook’s Oculus virtual reality subsidiary, describing the whopper verdict as a transcendent moment for businesses that have not yet taken steps to identify and protect … Continue reading

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Regional Economies Find Hidden Price of Noncompete Agreements

A recent New York Times article by Conor Dougherty puts a human face on the damaging consequences that result when workers in broad swaths of the economy are required to sign noncompete agreements as a condition of employment. While the … Continue reading

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Game industry executive’s job-hopping mistake leads to `Game Over’ jury verdict for Facebook/Oculus

Hours after a Dallas jury returned its $500 million verdict for ZeniMax over claims that Facebook and Oculus unfairly used its virtual reality coding, the creator of that code, John Carmack, took to social media to continue his defense. Carmack, … Continue reading

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Your Employment Agreement is Nothing Like a Mortgage Document

Another report on employment contracts is discouraging but not surprising. A survey of 1,000 people in the U.K. showed that more than 90 percent didn’t read their employment contracts – despite the fact that the terms can haunt them for … Continue reading

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Dialer Beware: Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank

Where do I begin? There are so many troubling aspects to the lengthy nondisclosure agreement that Republican presidential candidate Donald Trump is requiring online campaign volunteers to sign that I just had to speak up. The contents of this 2,271-world … Continue reading

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