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Philadelphia Non-Compete Lawyers Discuss Tortious Interference Claims

Recently, in Acclaim Systems, Inc. v. Infosys, a three- member Third Circuit appellate panel weighed in on an issue concerning tortious interference with contracts and non-compete agreements. The case involved an employer who hired four new employees bound by covenants not to compete, but had no knowledge that the new hires were so bound. The […]

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Philadelphia Employment Lawyers: Employees Held to be Bound by Online Non-Compete Agreement

At one time or another, nearly everyone has had to accept a “terms and conditions agreement” online by clicking a box. This is known as a “clickwrap” agreement; without clicking the box to consent, the transaction cannot proceed whether it is a software update for a phone, or a purchase online. The payroll solutions company, […]

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Philadelphia Employment Lawyers: Enforcement of Non-Compete Agreements

Confidentiality and non-compete agreements are documents that are typically designed to protect businesses from the harmful actions of former employees. Employees are often required to sign these agreements at the time they are hired. When ownership of a business changes hands, questions frequently arise as to whether those covenants may be legally assigned and enforceable […]

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Philadelphia Business Litigation Lawyers Report on Forum Shopping in Non-Compete Cases

Intuitive Surgical Inc. has recently accused Johnson & Johnson subsidiary Ethicon Inc. of what it has deemed as being “intricate legal gymnastics.” This came after Ethicon attempted to enforce a non-compete clause against its ex-employee in state court in Ohio, even though the relevant work was performed in California. Three weeks after the employee in […]

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Philadelphia Employment Lawyers: Recent Non-Compete Ruling

A recent ruling from the Eighth Circuit federal appeals court recently ruled that non-compete agreements may transfer from one company to another. The case involved X-ray technicians in Missouri who left their company after another company acquired it. The court ruled that they were still bound by the original non-compete and confidentiality agreements they signed […]

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Philadelphia Business Litigation Lawyers: New Federal Precedents under DTSA

  California is the first state to grant a temporary restraining order (TPO) under the Defend Trade Secrets Act of 2016 (DTSA) since it was signed into law on May 11, 2016. The TPO was issued against a sales agent that violated federal and state trade secret laws and non-compete agreements. Allegedly, she downloaded confidential […]

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Philadelphia Employment Lawyers: New Developments in Non-compete Agreements Offered Mid-Employment

Some courts have issued recent rulings favorable to employees in matters concerning non-compete agreements. For example, courts in Pennsylvania and other states have recently held that employers must provide an extra incentive, also known as “consideration,” to employees for a non-compete agreement to be enforced, where such agreement is presented at some time after employment […]

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Philadelphia Business Lawyers: Court Upholds Non-Compete Agreement

Stark Truss is an Ohio manufacturer and distributor of components used in the construction of buildings. The manufacturing giant was recently sued by an employee of 35 years regarding a covenant not to compete. This employee was also the company’s asset manager. Immediately after leaving the company, he accepted a similar position in the same […]

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Philadelphia Physician Employment Contract Lawyer: Restrictive Covenants and Public Policy

Although post-employment restrictive covenants (“Non-Compete Agreements”) are not per se unenforceable, they are not favored in Pennsylvania and have been historically viewed as a trade restraint that prevents a former employee from earning a living.  Non-Compete Agreements are enforceable under Pennsylvania law if: (1) the restrictive covenant is incident to an employment relationship between the […]

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Philadelphia Business Lawyers: Supreme Court Non-Compete Ruling

Supreme Court of Pennsylvania Rules that Non-Competes May Be Challenged For Lack of Consideration Even If Parties Agreed to be Bound by UWOA Pennsylvania courts have a long history of disfavoring non-compete clauses. The Pennsylvania Supreme Court continued that history with their November 18, 2015 ruling in Socko v. Mid-Atlantic Systems of CPA Inc. The […]

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