non competition agreement

• Hampden Superior Court Refuses To Enforce Non-Competition Agreement Because Asset-Purchase Agreement Breached

When a plaintiff tries to enforce a non-competition agreement, sometimes the defendant will argue that the non-compete should not be enforced because ...

• Mondaq Business Briefing
• United States Law Articles in English

• California Court Rejects Non-Competition Agreement As Necessary To Protect Confidential Information.

On November 19, 2009, a California Court of Appeal published a decision continuing the trend against enforcement of non-competition clauses in Califor...

• Mondaq Business Briefing
• United States Law Articles in English

• Commentary: Keeping Your Balance: As a Dividend

Taxpayers often attempt to assert that the goodwill generated by their business is of a personal nature and not of a corporate nature, especially in personal service businesses. Their logic is not dissuaded by the fact that personal goodwill generally is taxed at a much more favorable tax rate compared to corporate goodwill. In the case at hand, the taxpayer's view was that the goodwill generated by the business was the result of his personal relationships with his clients and thus was a personal asset. At the time, the taxpayer had both an employment contract and a provision in that contract that was essentially a non-competition agreement. The taxpayer had also agreed not to compete with the buyer subsequent to the sale.

• Daily Record (Rochester, NY)
• October 12, 2011

• Best Practice To Ensure That A Non-Competition Agreement Is Enforceable In China.

Introduction After more than a year since the implementation of the PRC Employment Contract Law1 (the "Law"), the law governing non-competition agreem...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• Mark Phillips Salon/Spa v. Blessing, (Ohio 2011)

Trial court did not err when it granted summary judgment to Defendant on Plaintiff’s claim alleging breach of a non-competition agreement. Affirmed.

• Ohio Supreme Court

• California Court Rejects Non-Competition Agreement As Necessary To Protect Confidential Information.

On November 19, 2009, a California Court of Appeal published a decision continuing the trend against enforcement of non-competition clauses in Califor...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• High Court Examination Of A Non-Competition Agreement With A Supplier Who Is Also A Competitor: Visy Paper V ACCC.

On 8 October 2003 the High Court upheld1 the Full Federal Court's decision2 that Visy Paper (Visy) contravened the Trade Practices Act 1974 (TPA) when...

• Mondaq Business Briefing
• Nbr. 2003, May 2003

• Is your non-competition agreement enforceable?

While it may be true, as is often suggested, that many non-competition agreements in the employment setting are unenforceable, that need not be the ca...

• Set-Aside Alert
• December 08, 2006

• Employee

An employer's promise of continued employment was adequate consideration for a non-competition agreement entered into by an at- will , the Colorado Supreme Court has ruled in reversing judgment. The defendant was an at-will of the plaintiff. During the course of his employment, the defendant executed a non-compete agreement that generally prohibited him from soliciting the plaintiff's customers or s for one year following his departure from the company.

• Lawyers USA
• June 30, 2011

• A Discrepancy Between Disclosure Document And Franchise Agreement Causes Alberta Court To Deny Enforcement Of Non-Competition Clause.

The Alberta Court of Queen's Bench recently issued a reminder to franchisors of the consequences of inaccurate disclosure. In Mapleleaf Franchise Conc...

• Mondaq Business Briefing
• Nbr. 2012, January 2012