Virginia Lawyers Weekly has an article here on a recent decision by the Fairfax County Circuit Court involving a noncompete agreement. More after the break.
Contributed by Eric A. Welter.Archive for the ‘Noncompete Agreements’ Category
Fairfax Circuit Court Declines To Enforce Noncompete Agreement
Monday, August 23rd, 2010Another Circuit Court Refuses To Enforce A Virginia Noncompete Agreement
Monday, April 12th, 2010A Virginia Circuit Court recently struck down a noncompete agreement between an employer and a former employee as overbroad in scope. More after the break.
Contributed by Eric A. Welter.Clear Showing Of Actual & Immediate Irreparable Harm Must Be Proven For Injunctive Relief
Monday, November 2nd, 2009In FBR Capital Markets & Co. v. Karen Short, the United States District Court for the Eastern District of Virginia found that FBR failed to present sufficient evidence to warrant the granting of a temporary restraining order in connection with a covenant not to compete because it did not make an adequate showing of a likelihood of irreparable harm. More after the break.
Contributed by Eric A. Welter.Dispatcher Wins Noncompete Suit
Tuesday, August 25th, 2009Virginia Lawyer’s Weekly has an article here on a delivery dispatcher who won a noncompete suit in Fairfax Circuit Court. The Court struck down the noncompete as overbroad under the “janitor” rule — i.e. the noncompete would have prohibited the former employee from working even as a janitor at a competitor. the Court also refused to apply a provision in the agreement allowing the Court to modify the agreement, finding that Virginia disfavors such “blue pencil” provisions.
Contributed by Eric A. Welter.4th Circuit Decides Business Noncompete Case
Tuesday, March 17th, 2009For those interested in this kind of thing, the Fourth Circuit recently issued an unpublished opinion in the second appeal in a case involving a covenant not to compete given in connection with the sale of a business. In Western Insulation, L.P. v. Moore, the Fourth Circuit affirmed the district court’s finding that the Moores had breached the covenants in their contracts with Western Insulation, L.P. (“Western”) for the sale of their business and the granting of a permanent injunction. The contracts included confidentiality, non-competition and non-solicitation provisions, which the lower court previously found to have been violated when Melanie Moore started a competing insulation business within the timeframe covered by the non-competition provision. The Court’s earlier decision had reversed an award of substantial damages by the district court. The Court’s unpublished opinion can be found here. The Court’s opinion in the first appeal can be found here. More after the break.
Contributed by Eric A. Welter.Virginia Supreme Court Upholds Termination Of Non-Compete With Agreement
Thursday, January 15th, 2009Virginia Supreme Court Upholds Demurrer To Non-Compete Suit
Tuesday, December 30th, 2008Western District of Virginia Denies Motion To Dismiss Noncompete-Related Claims
Friday, August 15th, 2008One Consideration When Suing A Former Employee
Monday, July 21st, 2008A Virginia resort now faces a class action lawsuit over overtime wages after filing a lawsuit against two timeshare sales employees seeking to enforce a noncompete agreement against them. The story is here. Since the filing of the overtime counterclaim by the two employees, the judge handling the case has opened it up to other similarly situated employees. The result? Some 100 former employees have joined the case seeking unpaid overtime, liquidated damages and attorneys’ fees.
It is important to remember when you file a lawsuit that the other side has the ability to file a counterclaim against you. If you are living in a glass house, it may not make sense to throw the first stone.
Judge Strikes Down Noncompete And Nonsolicitation Agreement As Overbroad
Thursday, May 1st, 2008On April 15, 2008, Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia granted a motion to dismiss breach of contract claims relating to an employee noncompete and nonsolicitation agreement in Nortel Communications, Inc. v. Carl Lee-Llacer, No. 1:08cv127 (opinion here: nortec-comm-inc-v-lee-llacer). The court granted the motion because the provisions of the agreement at issue were not limited to the performance of the same work the employee had done for the company and because key terms were undefined. This opinion highlights the changing law regarding noncompete agreements in Virginia during recent years. Employers using such agreements in Virginia would be well advised to have them reviewed and updated for continued viability.
General Assembly Fixes Loophole For Health Care Noncompete Agreements
Monday, March 17th, 2008The Virginia General Assembly has attempted to clean up what appeared to be a loophole to allow medical professionals to escape noncompete agreements based on a recent decision by the Supreme Court of Virginia. The bill was signed by the Governor on March 5, 2008.
Is it time to think about protecting your company’s assets?
Monday, February 4th, 2008Inc.com has an article on non-compete agreements in its February 2008 issue entitled “Protecting Company Secrets: More Business Owners Are Forcing Their New Hires To Sign Noncompetes. Should You?“ The article prompts me to ask the question: is it time to think about protecting your company’s assets?
