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Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee
The day after obtaining federal brokerage authority for the logistics company he formed a month earlier, Christopher Johnson, a North Carolina resident, resigned from his employment with Cincinnati-based Total Quality Logistics, LLC (“TQL”). TQL then sued Johnson and his company Patriot Logistics (“Patriot”) in the Clermont County Court of Common Pleas, alleging Johnson breached his […]
No Non-Compete? No Problem. Texas Court Grants TRO Forcing Former Employees to Stop Working for Competing Business.
Restrictive covenants and non-compete agreements have been a frequent topic of this blog in recent months, and rightly so. Non-competitors are generally thought to be effective tools to help firms protect trade secrets and competitive advantages. However, these agreements are falling out of favor across the country – the DOJ recently files a Statement of […]
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 […]
Spilling Secrets Podcast: How to Pursue Damages in Trade Secrets Litigation
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secret law: Trade secrets and non-compete litigation can result in massive damage awards, but those cases can also be unpredictable. Many viable trade secret claims went unexplored due to financial limitations or a lack of willingness to invest in litigation. Attorney […]
New York State Senate Passes Bill to Ban Noncompete Agreements
New York State may soon join the growing list of restricting jurisdictions or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking, requiring, demanding, or accepting certain noncompete agreements. If adopted and signed into law, the Bill would significantly change the […]
Illinois Court Requires Express Delineation of Any Non-Employment Consideration for a Restrictive Covenant
For the last decade, one of the biggest issues in the Illinois noncompete law has been what constitutes adequate consideration for a post-employment restrictive covenant, apart from employment lasting at least two years after the agreement was signed. The “24 month rule” set forth in Fifield v. Premier Dealer Services, Inc.2013 IL App (1st) 120327 […]