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.
noncompete agreements
Articles
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.
Macchia: Are noncompetes standing on shaky ground?
Over the last 18 months we have seen drastic changes in this country’s employment laws as a result of the pandemic, including new and updated laws and regulations related to sick leave, unemployment compensation and employee safety requirements. One change that has been mostly overshadowed by the ever-evolving nature of the pandemic, and its impact on the employment area, is a shift in the use and the enforceability of noncompetition agreements.
COA partially reverses injunction in noncompete dispute
The Indiana Court of Appeals reversed part of a trial court order restricting a Fort Wayne businessman from competing for web development business with his former employer’s clients he had serviced first as a contractor and later as an executive.
Smith: Your old noncompete form agreement may miss the mark
Cases over the past two decades have eroded the enforceability of certain noncompete agreement terms (aka restrictive covenants). Thus, a standard form noncompete agreement drafted in the 1990s may not withstand a court challenge if used today.
Smith: Indiana Court of Appeals upholds employer’s noncompete
The Indiana Court of Appeals recently published a decision that is instructive about noncompete agreements. It is one of the rare noncompete cases that does not contain the phrase: “Indiana courts are reluctant to enforce noncompete agreements because they constitute a restraint on trade.”
Ex-exec loses noncompete appeal, must pay company’s appellate fees
A former co-owner of a Fort Wayne mechanical contracting business who violated noncompete agreements by consulting for a Fishers competitor after he was fired lost his appeal Thursday and was ordered to pay more of his former employer’s legal fees.
Holcomb signs bills related to health care, distracted driving
Indiana Gov. Eric Holcomb signed 84 bills Wednesday, including some that aimed to tackle health care costs, distracted driving and regional development.
Justices vacate preliminary injunction in nonsolicitation dispute
The Indiana Supreme Court has vacated a preliminary injunction prohibiting a medical sales representative from recruiting employees away from his former employer, finding a nonsolicitation agreement he had previously signed with the company cannot be reformed.
Federal judge rules in Indy financial adviser’s favor in exit from firm
A recent ruling by a federal judge in Indianapolis could make it easier for financial advisers who switch firms to tell clients about the move without fear of legal consequences.
Dow Agro lawsuit accuses employees of stealing secrets before quitting
Dow AgroSciences LLC is crying foul, saying two former employees downloaded thousands of files of valuable and confidential information in the days leading up to their resignations, amounting to theft of company property and a violation of their non-disclosure and non-competition agreements.
COA dismisses ex-bank employee’s appeal in noncompete case
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
Justices to hear sales rep’s nonsolicitation dispute with ex-employer
Indiana Supreme Court justices will hear oral argument next week in a dispute between a medical components company and one of its former employees after several other former employees left the company to take sales positions together elsewhere.
Transfer granted in case involving solicitation agreements
The Indiana Supreme Court will hear oral arguments in a case involving a noncompete and solicitation agreement ruled to be overly broad.