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Generally, a smaller business is more versatile, while larger companies, or these with wider possession…
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Questions Remain Regarding Adequate Consideration under Illinois’ Freedom to Work Act | Seyfarth Shaw
On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described, that Act sets forth various requirements governing restrictive covenant agreements in Illinois. Among other things, the Act codified the so-called Fifield Rule by defining adequate consideration for enforcement of a restrictive covenant to be […]
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McCulloch and Ors v Forth Valley Health Board – UKSC Blog
In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ medical malpractice team considered the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSHI 21. Overview The appeal of the decision in McCulloch and Ors v Forth Valley Health Board [2021] […]
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Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another [2023] UKSC 22. – UKSC Blog
Nafisa Hasan (“the wife”) and Mahmud Ul-Hasan (“the husband”) married in 1981. In 2012 in Pakistan the husband obtained a divorce. The wife applied to the courts in England and Wales for financial relief under section 12(1) of the Matrimonial and Family Proceedings Act 1984 (“the 1984 Act”) on the basis that the divorce was […]
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Second Circuit Court of Appeals Denies Intervention in TCA Case, Citing Adequate Representation and Avoidance of Delay
This post was authored by Amy Lavine, Esq. in Extenet Systems, LLC v. Village of Kings Pointthe Second Circuit Court of Appeals affirmed the denial of eight residents’ motion to intervene in a lawsuit brought by ExteNet against the village for violations of the Telecommunications Act of 1996. The court rejected the residents’ claims that […]
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Reminder: Minnesota Non-Compete Ban Takes Effect on Saturday, July 1
As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban non-competitors. The state’s new law renders void and unenforceable all covenants not to compete entered by employees or independent contractors on or after July 1, 2023. The only exceptions are noncompetitive agreements relating to […]
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How to deal with Self Care v Allergan – IPwars.com
Jackman J has dismissed The Agency Group’s claims of trade mark infringement and misleading or deceptive conduct / passing off against The North Agency. In doing so, his Honor was directly confronted with the problem arising from the High Court’s reasons in Self Care v Allergan. Some facts The Agency Group is a real estate […]
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R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog
The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a […]
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Money, Bills & Who Pays The Mortgage After Separation?
In Australia, family law dictates some important timelines to be aware of. If you have been in a de facto relationship, you have two years from the date of separation to finalize your financial settlement (also known as a property settlement). If you have been married, you have one year from the date your divorce […]
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NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete
The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA). According to Bloomberg Law, “[t]the NLRB’s first enforcement action against an employer’s noncompete agreement targeted a Michigan cannabis processor and ended […]
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VT Supreme Court Reverses and Remands Fine Calculation of Over Use of Property as Parking Lot
This post was authored by Gabriella Mickel, JD Candidate 2024, Elisabeth Haub School of Law at Pace University. Defendant-landowner Sisters & Brothers Investment Group, LLP (SBIG) appealed an environmental-division enforcement order that prohibited them from using a property in the City of Burlington as a parking lot, requiring them to address site-improvement deficiencies as per […]