Sentences with phrase «enforcing a restrictive covenant in»

We also have significant experience in bet the company trade secrets and intellectual property disputes and enforcing restrictive covenants in employment agreements.

Representing a national supermarket chain in successfully enforcing a restrictive covenant in a shopping center lease against a major national discount retailer.

Not exact matches

What mattered was that the restrictive covenant A was trying to enforce would have stopped the employee from providing insurance - specific recruitment services to C, even though A did not engage in this sector at all and would not have had the slightest commercial interest in such prohibition.

Restrictive covenants in employment agreements, commonly known as non-competition or non-solicitation clauses, are notoriously difficult to enforce.

Wonu advised in relation to a departing partner facing injunction proceedings in the High Court to enforce lengthy restrictive covenants.

In the case of a restrictive covenant sought to be enforced against a former employee, agent, or independent contractor, and not associated with the sale of all or a part of:

• Arthur J Gallagher Insurance Brokers Limited v Aston Scott Group Ltd, an application for an interim injunction enforcing the terms of restrictive covenants contained in a share purchase agreement.

• Acting (unled) for a defendant in a claim for an interim injunction to enforce the terms of restrictive covenants contained in a share purchase agreement.

Lydia advises LPs and LLPs in the financial and professional services sectors on team moves, enforcing / resisting restrictive covenants, forced retirement and breach of duty disputes.

As such, restrictive covenants in commercial contracts are generally interpreted and enforced more broadly than those in employment agreements.

Justice Wagner's reasoning will prove useful to parties seeking to enforce restrictive covenants against a vendor who also becomes an employee in the course of a sale of business.

Adam Finch Adam is a commercial litigation lawyer who specialises in enforcing and defending claims arising from restrictive covenants, employment, fiduciary and fidelity duties.

Advising and counseling financial advisors and firms in connection with restrictive covenant and transition issues, and enforcing and defending restrictive covenants on their behalf.

Rob is regularly instructed in claims to enforce restrictive covenants and protect confidential information.

Advising and counseling financial advisors and firms in the financial services industry in connection with restrictive covenant and transition issues, as well as enforcing and defending restrictive covenants on their behalf.

In most cases, California law does not permit employers to enforce a restrictive covenant against their former employees, particularly when it takes the form of a non-compete agreement.

In the second, MEDIchair LP v. DME Medequip Inc. et al., the court considered a restrictive covenant in a franchise agreement in the context of the current business of the franchisor and determined that it was unreasonable to enforce iIn the second, MEDIchair LP v. DME Medequip Inc. et al., the court considered a restrictive covenant in a franchise agreement in the context of the current business of the franchisor and determined that it was unreasonable to enforce iin a franchise agreement in the context of the current business of the franchisor and determined that it was unreasonable to enforce iin the context of the current business of the franchisor and determined that it was unreasonable to enforce it.

In deciding whether or not to enforce a restrictive covenant, the Pennsylvania courts will consider the following questions:

So in determining whether to spend any time and energy fighting a restrictive covenant, the language must be assessed to determine what form of restrictive covenant it actually is, and whether the employer has any chance of seeing it enforced.

In addition, the court applied its own older decision in Tank Lining Corp. v. Dunlop Industrial Ltd. (1982), where it held that in all cases a party's entitlement to enforce a restrictive covenant was based on the protection of a legitimate or proprietary interest, such as the goodwill of a business in a commercial context or the confidential information unique to an employmenIn addition, the court applied its own older decision in Tank Lining Corp. v. Dunlop Industrial Ltd. (1982), where it held that in all cases a party's entitlement to enforce a restrictive covenant was based on the protection of a legitimate or proprietary interest, such as the goodwill of a business in a commercial context or the confidential information unique to an employmenin Tank Lining Corp. v. Dunlop Industrial Ltd. (1982), where it held that in all cases a party's entitlement to enforce a restrictive covenant was based on the protection of a legitimate or proprietary interest, such as the goodwill of a business in a commercial context or the confidential information unique to an employmenin all cases a party's entitlement to enforce a restrictive covenant was based on the protection of a legitimate or proprietary interest, such as the goodwill of a business in a commercial context or the confidential information unique to an employmenin a commercial context or the confidential information unique to an employment.

This is one of the first franchise non-compete decisions to apply the reasoning of the Supreme Court of Canada in its September 2013 decision, Payette v. Guay, relating to commercial restrictive covenants (see the Law Works Franchise Blog article analyzing the Payette Supreme Court decision: Supreme Court Favours Enforcing Commercial Non-Compete Cocovenants (see the Law Works Franchise Blog article analyzing the Payette Supreme Court decision: Supreme Court Favours Enforcing Commercial Non-Compete CovenantsCovenants).

James has a leading role in our Financial Services team in Scotland and has been involved in advising on enforcing restrictive covenants and sensitive discrimination cases in this sector.

She advises HR, management and in - house legal teams and guides them through a wide range of employment situations from recruitment to grievances, team moves, enforcing restrictive covenants, and handling dismissals.

In a pure commercial context, where a party may seek to restrain a seller of a business from competing with a buyer or prevent a shareholder from competing with a company he is leaving, the courts more readily enforce restrictive covenants.

The court there stated that the issuance of a permit, which is in any event governed by bylaw, can not amount to a promise that a restrictive covenant in favour of the city would not be enforced.