Saturday, October 20, 2012

The Reading List (No. 12)

We start this week's Reading List with two entries from a site I need to visit more often.

Burr & Forman's non-compete blog has a very interesting article on potential antitrust implications when competitors settle non-compete disputes.

Also from the Burr & Forman blog, a report on how Tennessee courts employ the "rule of reason" analysis when modifying non-compete agreements. This post discusses the various approaches courts have taken and also warns employers not to fall in love with the idea that a court will backstop an overbroad or poorly written non-compete.

John Marsh has tackled the legendary case of E.I. DuPont v. Kolon Industries in a number of posts, and this week reports on the federal indictment of Kolon and several executives for trade secrets theft. John hales from Columbus, Ohio (where I went to school), and hopefully he can figure out Ohio State football's porous defense as well as he has the DuPont litigation.

For those trending to an intellectual bent, Judge Richard Posner writes this week on the interplay between "luck" and financial wealth. This is as esoteric as it gets, but what interested me is Judge Posner's somewhat dismissive attitude towards Ayn Rand. For some reason, this surprised me.

Robert Milligan of Seyfarth Shaw has an in-depth and excellent post on the sports agent kerfuffle involving Aaron Mintz and Mark Bartlestein. This feels to me like two petulant kids playing in the sandbox.

Later this week, I will write more on the Supreme Court of Illinois' decision in Lawlor v. North American Corporation, provide a case law update, and link to the (long overdue) second podcast from Non-Compete Radio. That's a lot to tackle, but after a short vacation, I'm feeling up to it.

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