Archives: Non-Solicitation

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LinkedIn Notification Not Competition, Mass Court Holds

The use of LinkedIn to notify professional contacts of a change in employment did not constitute competition. according to a recent Massachusetts ruling. In KNF&T v. Muller, No. 13-3676-BLS1 (October 24, 2013), the Massachusetts Superior Court denied a request for a preliminary injunction where an employer alleged that a former employee violated her non-competition agreement by, among … Continue Reading

First Circuit Defines “Solicitation” Broadly

The First Circuit Court of Appeals issued its most significant decision to date on non-solicitation provisions in restrictive covenants by upholding a preliminary injunction in Corporate Technologies, Inc. v. Harnett, No. 13-1706 (August 23, 2013). The court affirmed a decision from the District of Massachusetts granting a preliminary injunction to an employer whose former employee used … Continue Reading

North Dakota Supreme Court Upholds Judgment for Competing in Breach of Employment Contract while Still Employed

The North Dakota Supreme Court upheld a judgment finding two employees of SolarBee, Inc., a North Dakota corporation that manufactures solar-powered water circulators, liable for a total of $621,800 in damages for breaching a non-compete agreement while still employed.  The Court’s decision in SolarBee, Inc. v. Walker, No. 2012015 (June 24, 2013), is a reminder … Continue Reading

Bill in New Jersey Legislature Would Invalidate Restrictive Covenants

An article recently posted on the Jackson Lewis website describes a bill introduced in the New Jersey State Assembly that would invalidate non-compete, non-disclosure, and non-solicitation agreements for former employees who are eligible for unemployment benefits.  A similar proposal is under consideration in Maryland. We will continue to monitor this topic.… Continue Reading

The Georgia Restrictive Covenants Act – Two Years Later

As previously reported in a legal alert issued by Jackson Lewis on May 12, 2011, Georgia Governor Nathan Deal signed the Georgia Restrictive Covenants Act into law almost two years ago, on May 11, 2011.  Since that time, many employers have required employees to sign new covenants that comply with the law. The Georgia Restrictive … Continue Reading

Nebraska Court Addresses Meaning of “Solicitation” in Non-Compete Agreement

A Federal Court in Nebraska issued a preliminary injunction enforcing an employee non-compete agreement in a case that explains, for the first time, what a Nebraska court may consider “solicitation.”  The case, Farm Credit Services of America v. Opp, No. 8:12-cv-382 (D. Neb. 2013), involved a crop insurance salesman, Opp, who signed a non-compete agreement … Continue Reading

You Fired Me, So Now I Can Compete – True or False?

We have often been asked: if an employer fires an employee, can a non-compete or non-solicitation agreement be enforced?  Some federal district courts interpreting New York law had said “no.”  A recent decision from the Second Circuit Court of Appeals, Hyde v. KLS Professional Advisors Group, LLC, 2012 U.S. App. LEXIS 21111 (2nd Cir. October 12, … Continue Reading

eBay Sued to Halt Enforcement of “No Hire” Agreement

 The U.S. Department of Justice has filed an antitrust lawsuit against eBay, Inc. in the United States District Court for the Northern District of California.  The suit, filed on November 16, 2012, claims that eBay violated antitrust laws by entering into an agreement not to hire or recruit the employees of a competitor, Intuit, Inc. The … Continue Reading