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 i
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 i
in a franchise agreement
in the context of the current business of the franchisor and determined that it was unreasonable to enforce i
in 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 employmen
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 employmen
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 employmen
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 employmen
in 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 Co
covenants (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.