Non-Competes and Virginia’s Constitution

There is nothing on Virginia’s ballot this November that relates to non-compete agreements. My efforts have not been that successful.  Nor is there a law likely to pass in the Virginia General Assembly this Winter that in any way impacts restrictive covenants in Virginia employment agreements.  Right now, the law in Virginia is basically –…[Read More]

Hair Club for Men – in the news again!

If you were an adolescent in the 1990s, there is no doubt you remember some of the classic Hair Club for Men commercials where men would smile while woman rubbed their hands across thick luscious clumps of natural looking hair on a man standing nearby. I recall friends reenacting the adds in middle school and…[Read More]

Non-Competes Are Bad For The Little Guy and Bad for the Larger Economy

Not my title but my sentiments exactly.  This title comes from an article recently published in Fortune magazine. Non-competes are employment contracts that prevent a departing employee (departing voluntarily or involuntarily) from working for a competitor for one year…or two years…or even three years.  The agreements are not only bad for individual workers but they are bad…[Read More]

The feds chime in on non-competes – part II – White House Report Podcast

Just a few days ago my partner Dan and I were discussing the Dept. of Treasury luke warm report on non-compete agreements.. and Dan asked, why are they doing this? It was a fair question. Why is Treasury spending time and money looking into the economic impact of restrictive covenants, and why be so luke…[Read More]

Dept. of Treasury Office of Economic Policy – Position paper on Non-Compete Agreements. My two cents.

So there is a new Report out on the economic costs of non-compete agreements. It upsets me a little. Okay, so it upsets me more than a little. It would be like a report, funded by tax payer dollars, that has the following conclusion: People who make and sell video games think they enhance brain…[Read More]

Let’s Move to the United Kingdom

Let’s go.  Right now! The British government is investigating banning or severely restricting the use of non-compete clauses that specify where and how employees can work when they leave a business.  A government official is quoted as saying, “I am clear that I want to see more enterprising start-ups and greater productivity in a free and…[Read More]

Blue Pencil Provisions in Virginia Contracts

Lawyers come up with some strange names for things. It’s true. We plead. We allege. We say things like Notwithstanding, and aforementioned. We like funny words.  One name I am constantly explaining to clients is the working definition of ‘blue pencil provision.’ In contracts, a blue pencil provision allows the court, as a third party,…[Read More]