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Category: “Two Minute Takeaway”

A Bad, Dumb, Unfair Law Courts Keep Enforcing. . .

January 19, 2022 by in "Two Minute Takeaway"

“Wait. . . attorneys aren’t covered by restrictive covenants??” A prominent federal judge recently excoriated New York’s law that exempts attorneys from enforcement of restrictive covenants in their employment agreements.  Nevertheless, the judge dutifully applied the law and allowed an attorney to join a direct competitor despite the otherwise reasonable […]

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Could an Employee Non-Solicit Land You in Jail???

November 2, 2021 by in "Two Minute Takeaway"

Two recent federal indictments should have attorneys and courts re-thinking employee non-solicitation provisions.  In U.S. v. Hee and U.S. v. Surgical Care Affiliates, the Department of Justice brought criminal antitrust charges against corporate and individual defendants for entering “no-poach” agreements with competitors.  The indictments allege that defendants agreed with competitors […]

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