Showing posts with label Louisiana. Show all posts
Showing posts with label Louisiana. Show all posts
Thursday, November 29, 2018

Case Law Update: Riding Circuit

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The last few months we've seen a number of interesting decisions from the federal circuit courts of appeal, both on issues of State law ...
Monday, October 22, 2018

Cleaning Up the Janitorial Mess

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Somewhat predictably, the reaction to C&W Facility Services non-compete lawsuit against janitorial employee Sonia Mercado was swift and ...
Friday, November 17, 2017

The "Inevitable Disclosure" Non-Compete Clause: What is it and for God's sakes...why?

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Leave it to lawyers to see an obscure, narrow, and disfavored legal theory and then try to drive a mack f**king truck through it like it...
Thursday, May 25, 2017

The Reading List (2017, No. 20): Are Prince's Unreleased Songs "Trade Secrets"?

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Non-Compete and Trade Secrets News for the week ended May 26, 2017 *** The Trade Secret Status of Prince's Unreleased Recordings P...
Friday, March 3, 2017

The Reading List (2017, No. 9): The First Defend Trade Secrets Act Verdict Arrives

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Non-Compete and Trade Secrets News for the week ended March 3, 2017 *** Defend Trade Secrets Act On February 24, 2017, a jury in the E...
Friday, February 17, 2017

The Reading List (2017, No. 7): Claims of Continuing Misappropriation and the Defend Trade Secrets Act

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Non-Compete and Trade Secret News for the week ended February 17, 2017 *** Choice-of-Forum Clauses The Illinois case of Aon, PLC v. He...
Friday, February 3, 2017

The Reading List (2017, No. 5): Plaintiffs and Courts Avoid the DTSA's Ex Parte Seizure Order

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Non-Compete and Trade Secret News for the week ended February 3, 2017 *** Defend Trade Secrets Act I alluded to this case in my prior ...
Friday, November 4, 2016

Louisiana's Rather Unusual Non-Compete Exemption

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My last post, and many other fine posts circulating in the blogosphere, commented on the White House's call to action concerning non-com...
Friday, December 23, 2011

Are Signatures Required on a Non-Compete Agreement? (U.S. Risk Mgmt. v. Day)

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Readers might be surprised how often employers fail to tie up the loose ends on basic personnel matters. I have seen on more than one occasi...
Friday, April 22, 2011

Be Careful When Drafting Geographic Restriction in Louisiana (In re Gulf Fleet Holdings, Inc.)

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Louisiana is one of those special drafting states. Attorneys must proceed with great care when drafting the scope of a non-compete restricti...
Wednesday, October 20, 2010

Debts Incurred for Violating Non-Competition Provision Usually Are Dischargeable (In re: O'Connor)

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In most competition cases, a defendant's obligation to satisfy a monetary judgment entered against him or her may be impacted by the dec...
Tuesday, November 10, 2009

Louisiana Affirms Common Sense Rule That Non-Compete Cannot Be Breached In Absence of...Actual Agreement (Action Revenue Recovery v. eBusiness Group)

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In what may be the year's dumbest non-compete case, a Louisiana appellate court has affirmed a judgment that an employee did not violate...
Thursday, August 27, 2009

Lack of Proximate Cause Fatal to Damages Claim in Breach of No-Hire Clause (Overland Solutions v. Christensen)

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No-hire clauses, or those which prohibit ex-employees from enticing away former co-workers, are generally viewed as a less problematic restr...
Wednesday, April 15, 2009

Louisiana Court: No-Hire Covenants Do Not Fall Within Non-Compete Statute (CDI v. Hough)

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Though frequently a target of derision, the Louisiana courts actually have churned out some interesting non-compete decisions of late. The l...
Tuesday, April 14, 2009

Will Statutory Amendments Apply Retroactively to Non-Compete Agreements? It Depends. (Hixson Autoplex v. Lewis)

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As of this writing, 16 states have statutes of general applicability concerning non-compete agreements. Several other states have much more ...
Monday, March 2, 2009

Ambiguous Non-Compete Agreement In Real Estate Broker’s Contract Found Unenforceable (Century 21 v. Lambert)

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In some states more than others, employers have little room for drafting ambiguity, and even the smallest error can doom an otherwise enforc...
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Sunday, January 18, 2009

Louisiana Appellate Court Affirms Finding That No-Hire Clause Is Overbroad (Bell v. Rimkus Consulting Group)

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The Louisiana case of Bell v. Rimkus Consulting Group has a long and tortured history, and generally speaking, appears to substantially fav...