Macchia: The chipping away at permissible uses of non-competes
Traditionally, the question of whether a non-compete is enforceable turns on one question: is it reasonable?
noncompete agreements
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Finding freedom? Noncompete agreements facing stiff challenges on state, federal level
Noncompete agreements are taking center stage in the Indiana Statehouse and on the federal level this year.
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Wise counsel when moving between firms
Law firm managers have long known they can’t require attorneys to sign noncompete agreements when they join a firm. Even so, there have still been instances where firms have made it challenging for a lawyer trying to make a lateral move. But a recent opinion from the American Bar Association Standing Committee on Ethics and Professional Responsibility makes it clear that any provision of an employment agreement that interferes with a client’s autonomy is never acceptable.
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Are noncompetes overly broad?
This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
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Articles
Townsend: Non-compete a non-option? Consider garden leave.
Employers in England long ago developed a concept known as “garden leave,” in which departing employees stay on the payroll during the period they are restrained from competing.
Allen Co. judge grants preliminary injunction in physician noncompete lawsuit
An Allen Superior Court judge has granted a doctor’s motion for a preliminary injunction in a lawsuit involving a physician noncompete agreement, although the ruling declined to apply the state’s new statute barring physician noncompetes.
Allen Co. judge grants temporary restraining order in physician noncompete lawsuit
A temporary restraining order has been granted in one of the first lawsuits following Indiana’s new statute on physician noncompete agreements.
Funk and Preller: Confidentiality, non-disparagement, noncompete restrictions
Can an employer ask an employee to sign a confidentiality, non-disparagement or noncompete agreement?
Hollis: Noncompetes: Impact of proposed FTC rule, NLRB memo
Noncompete agreements have been a longstanding topic of debate in employment law. In 2023, the federal government inserted itself into the debate.
Vague statute leads to litigation for clarification: Physician noncompete statute facing questions from both sides
A new law went into effect in Indiana last month that eliminates the use of noncompete agreements in physicians’ contracts. However, the legislation has raised many questions for attorneys and clients on both sides of the issue.
Following new statute, Allen Co. doctor sues to block noncompete
In what is possibly the first lawsuit filed following the enactment of Indiana’s new statute restricting physician noncompetes, an Allen County doctor is suing his former employer to stop the enforcement of a noncompete clause.
Former paramedic not entitled to change of venue in suit over breach of noncompete agreement, COA affirms
A man sued by his former employer for breach of a noncompete agreement is not entitled to a change of venue for the case, the Court of Appeals of Indiana has ruled.
Kilies and Ben Moussa: FTC proposal to ban noncompetes: What employers need to know
What should employers do with any noncompete provisions they currently have in their employment contracts?
Indiana Senate approves doctor noncompete ban
The Indiana Senate on Tuesday overwhelmingly passed a ban on physician noncompete agreements, a top Senate GOP priority and one of several bills meant to lower the cost of health care. The bill now goes to the House for consideration.
Doctors ask lawmakers to free them from noncompete agreements
A flurry of disputes have been raging across the country in recent years over noncompete agreements, which have largely favored hospitals, medical groups and other employers. But the tide could be shifting.
FTC proposes rule that would ban employee noncompete clauses
The Federal Trade Commission proposed a rule Thursday that would ban U.S. employers from imposing noncompete clauses on workers.
UBS sues wealth managers who joined rival firm
The Promus Wealth Management Group moved from UBS Financial Services Inc. to RBC Wealth Management late last month. Now, UBS has sued seven members of that team, alleging that they have improperly contacted UBS clients in hopes of luring them to RBC.
Hurley and Mappes: Trade secrets, noncompetes and remote work: Part II
The trend of increased scrutiny over noncompete enforceability, coupled with the uptick in remote work, make it all the more important for companies to revisit the “reasonable efforts” in place to protect their trade secrets.
Guest column: Potential antitrust implications of noncompete agreements
Noncompete agreements generally are treated the same whether analyzed under state law or antitrust principles. However, limited instances exist in which antitrust laws may be more restrictive than state noncompete laws are. Businesses with high market shares in their geographic and product markets should take special caution to ensure their restrictive covenants do not unlawfully restrain competition.
Hurley and Mappes: Noncompete agreements under attack: What to know and how to protect your trade secrets
Businesses routinely use noncompete agreements to protect their most valuable assets, including trade secrets. However, noncompete agreements are increasingly under attack at both the state and federal level. This two-part series will first explain recent developments restricting the use of noncompetes, then Part II will focus on how that increased scrutiny on noncompete agreements may impact trade secret protection.
RE/MAX claims franchisee steered brokers to competitor
RE/MAX is suing one of its local franchisees for allegedly instructing his employees to join a national competitor so that he could later follow them and collect a recruitment bonus.
Steak ‘n Shake wins TRO against former franchisees for breach of noncompete
Ex-proprietors of a group of Steak ‘n Shake restaurants must stop operating the former franchises under a new name after agreements between the Indianapolis-based restaurant chain and the ex-franchisees went south.
Columbus concrete company prevails in dispute with competitor, former employer
A ruling for concrete-industry employees in a breach of confidentiality dispute with their former employer has been affirmed by the Indiana Court of Appeals.