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Recent Michigan Court Decision Highlights Weak Link in Enforcing Non-compete...
A recent Michigan Court of Appeals Opinion dealt a serious blow to the enforcement of noncompete agreements. The Opinion invalidated a common provision found in such agreements and it illustrates that...
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What Happens When a Noncompete Agreement is Violated? A Blueprint for...
Employers commonly require employees to execute noncompetition agreements (also referred to as covenants not to compete or restrictive covenants). Under Michigan law (MCL 445.774a), such agreements...
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Proposed Legislation Introduced to Restrict the Enforceability of Noncompete...
Under Michigan law, noncompetition agreements (sometimes referred to as covenants not to compete or restrictive covenants) are generally enforceable as long as the restriction is reasonable as to...
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My former employer can't prevent me from working, right? Dissecting the...
After an individual's employment is terminated and that individual begins working for a competitor or starts his or her own business, a common question asked by both the individual and the former...
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Trade Secret Misappropriation - $taggering Numbers For Employers to Consider
Last week I attended the State Bar of Michigan's Information Technology Law Section Seminar, Core Legal Issues in a High-Tech Business World. It was a great overall day of presentations. One...
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Preventing an Employee From Working for a Competitor Unravels without an...
A fantastic, but often overlooked movie is True Romance. The movie stars Christian Slater whose character, Clarence Worley, delivers the following line: If there's one thing this last week has taught...
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DIY Employment and Noncompete Agreements: Are You Getting What you Pay For?
The storm that has devastated the U.S. east coast has been dubbed "Frankenstorm" because of the devastating effect of a number of separate natural conditions coming together to create a monstrous...
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Transitioning from Employee to Shareholder: Businesses and Individuals Need...
Companies routinely require employees to sign noncompete agreements. But what happens to these employee noncompete agreements if your company offers that same employee stock options or other...
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Michigan Noncompete Agreements - Making 2013 a Better Year for Your Business
Business owners had a lot to cry about when it came to 2012 Michigan court decisions addressing noncompete agreements. But, as discussed below, a lot of this frustration arose out of poorly drafted...
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Enforceability of a Noncompete Agreement will Often Depend Upon Context.
It may sound odd for a noncompete attorney to say this, but when it comes to enforcing a non-compete restriction, the applicable law is often less important than the context in which the noncompete...
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Employment Agreement Shortening Time for Bringing FLSA and Equal Pay Act...
On August 6, 2013, the Sixth Circuit Court of Appeals (the federal jurisdiction that includes Michigan) ruled that provisions in employment agreements that shorten the statute of limitations period in...
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Noncompete Agreements - A Hurdle to Employment and Innovation?
Noncompete agreements and other restrictive covenants are customarily found in employment agreements and provided for in the sale of a business. In the employment context, companies simply do not want...
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The Challenge of Balancing Noncompete Agreements with Business Growth
In a previous post (Noncompete Agreements - A Hurdle to Employment and Innovation?), we discussed research that suggested noncompete agreements hinder innovation. Expanding on why innovation is...
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Enforceable Noncompete Agreement Key to $2 Million Judgment Against Former...
A recent Michigan trial court decision from the Oakland County Circuit Court illustrates the significance that noncompete agreements can have for employers and individuals who sign such agreements....
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