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]

Trade Secrets and Inevitable Disclosure: A Disturbing Trend

I am seeing a disturbing trend where an ex-employee, who never signed a non-compete agreement with his/her ex-employer, is faced with an attempt by the ex-employer to prevent the ex-employee from competing in the business world.  How?  By claiming the ex-employee is using “trade secrets” from the previous job to further their career with the…[Read More]

What does your Non-Compete really mean?

Imagine this: CALLER: “Dear attorney, my contract says I can sell Christmas trees within a 150 miles from my old Christmas tree stand. Does that mean 150 miles by road, or as the crow flies?” ATTORNEY: “Well, that depends. Does the contract specify? No? Then it means what the parties thought it meant when they…[Read More]

Emails: You might as well hand your ex-employer a gun!

We represent employees is disputes against employers.  The cases may involve alleged violations of non-compete contracts, breach of fiduciary duty, misappropriation of trade secrets, etc.  One of the first things we tell new clients is not to destroy or delete existing emails (whether on the employer’s server or the employee’s home or spouses’s computer).  The…[Read More]

What happens to my non-compete when my company is bought out?

We hear this question a lot and the answer depends on the wording of the non-compete contract. If the non-compete contract provides that the contract is “binding upon the parties’ successors and assigns,” it may be enforceable by the new owners of your old company.  If the non-compete contract does not provide that it is…[Read More]

New Doctors and Non-Compete Contracts

We review a lot of physician contracts which contain non-compete restrictions.  If the contract is offered to a “new” doctor just out of his/her residency or fellowship program, we always suggest to our clients that they give serious thought to the potential situation where they move their entire family to a new city, find the cost…[Read More]