Sentences with phrase «restrictive covenant»

Amy was junior counsel in Ranson v Customer Systems plc [2012] EWCA Civ 841 (an employment dispute before the Court of Appeal regarding a claim for breach of contract, fiduciary duty and restrictive covenant).

Under Florida law, a restrictive covenant is not enforceable «unless it is set forth in a writing signed by the person against whom enforcement is...

Additionally, our real estate litigation services have included representation of developers, owners and managers of commercial real estate in state and federal court, including tenant disputes, easement and restrictive covenant enforcement, deed restrictions enforcement, condemnation, adverse possession, construction litigation, lien enforcement and creditor bankruptcy representation.

In all of the cases above, the restrictive covenant must be reasonable and minimally invasive.

His broad experience includes handling complex business litigation and post-employment restrictive covenant issues, including TROs and injunctions relating to covenants not to compete, nonsolicitation and confidentiality / nondisclosure agreements, and misappropriation of trade secrets; business torts; partnership and business divorce; and unfair trade and practices.

My real estate work encompasses property acquisitions, sales, development, financing, tax - free exchanges, leasing, restrictive covenant and easement agreements for retail, office, industrial, residential, condominium and mixed - use properties, including big box and shopping center developments, office buildings, raw land, and other real estate.

Litigation of title, ownership, boundary, easement, and restrictive covenant disputes; adverse possession claims; challenges to condominium development schemes involving phasing, land withdrawal, and affordable housing issues; and condominium construction defect cases.

Recent advisory work includes advising on the strength of a claim to a right of way by prescription of residential land; advising on the scope of a restrictive covenant contained in a transfer of freehold land; advising a prospective vendor on an aborted conveyance of land; advising on security of tenure under the Rent Act 1977; advising in respect of a nuisance claim concerning an interference with a right of way; advising a commercial landlord in respect of a tenant's breach of user covenant; and advising in a claim for rectification of the title to the property in respect of a void transfer.

His emphasis is in prosecution and defense of restrictive covenant claims.

Mr. Gimbel concentrates his practice in commercial litigation, with a special emphasis on the prosecution and defense of restrictive covenant claims, a topic upon which Mr. Gimbel has written several articles.

Representing individual landowners in Upper Tribunal (Lands Chamber) in discharge of restrictive covenant application.

In Soil Instruments Ltd v Mr Robert King Mason, His Honour Judge Bird, sitting as a Deputy Judge of the High Court, considered whether Mr King Mason should be committed to prison for alleged breaches of an Order made by Mrs Justice May on 26th July 2017, concerning the use of confidential information under a restrictive covenant.

You have no legal obligation to sign a non-competition or restrictive covenant once you already have that employment.

The territorial scope of a restrictive covenant must be limited to that in which the business being sold carries on its trade or activities as of the date of the transaction.

In Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal recently upheld a lower court's decision that a restrictive covenant in an employment contract was an unenforceable non-compete clause.

Throughout his career, he has drafted numerous LLC operating, shareholder, joint venture and partnership agreements and other corporate formation and organization documents; M&A agreements; securities offering memoranda and subscription agreements; employment, consulting and independent contractor agreements; debt and convertible equity instruments; distribution and marketing agreements; consents and waivers; restrictive covenant agreements; software licenses; SAAS agreements and assignments; website T&C s, privacy policies; brand and trademark licensing agreements; HIPAA agreements; corporate governance documents; and a wide variety of other contract for media, technology and other companies and funds.

As discussed above, the reasonableness of a restrictive covenant is more broadly interpreted in the commercial context than in the employment context.

Negative Covenants in Employment Contracts A negative covenant, also known as a restrictive covenant, is a term in an employment contract which states that the employee «shall not do» certain things following the end of employment.

As with an employment contract, an individual has to agree to a restrictive covenant (non-solicitation agreement) before he or she accepts employment.

The Courts will examine any restrictive covenant to determine if the duration of the restriction is too long, if the covenant is too broadly defined with respect to what it prohibits the employee from doing and / or if the covenant is too broad in a geographic sense.

Representing both individuals and corporations in employment agreement and restrictive covenant disputes.

If any of the provisions in the agreement might be subject to an effective challenge (e.g. the restrictive covenant) a severability provision, providing that remaining provisions shall remain in full force and effect in the event that any provision in the agreement is deemed void or invalid, should be included; and

Restrictive covenant issues, including litigation relating to fiduciary duties and oppression actions

A non-compete agreement is a form of a restrictive covenant, which is a clause in an employment contract setting out the rights and obligations of an employee post departure.

A restrictive covenant is a clause in the sale that most commonly addresses non-competition or non-solicitation.

In other words, the rules do not apply in a case where the amount being paid for the restrictive covenant is defined, as opposed to being built into the sale price.

These rules do not apply to amounts specifically received for a restrictive covenant as an agreed - upon allocation from the sale proceeds for:

What the entrepreneur may not know is that not only may he or she be able to recover any wages that were not paid under the FLSA, he or she may also prevent the enforcement of a restrictive covenant by the employer.

The idea that a violation of the FLSA can prevent against a former employer's enforcement of a restrictive covenant is rooted in two separate principles.

Your employer needs to be able to prove that the restrictive covenant is:

The Mason case demonstrates the customary approach that the courts take to deciding whether or not a restrictive covenant should be upheld:

As such, a restrictive covenant can be seen to be valuable to the buyer.

In determining the reasonableness in time of a postterm restrictive covenant not predicated upon the protection of trade secrets, a court shall apply the following rebuttable presumptions: 1.

Scott focuses his practice on general commercial litigation, including: bank regulatory and enforcement matters; defending directors and officers of failed banks in FDIC actions; commodities and securities regulatory enforcement and civil actions; professional liability claims; directors and officers liability insurance matters; and employment and restrictive covenant matters.

If CRA taxes the restrictive covenant portion as income, the top tax rate could be as high as 50 %, as opposed to 25 % if the restrictive covenant is treated as a capital gain.

CRA can take that $ 500,000 and carve out what they believe to be the value of the restrictive covenant for tax purposes.

A restrictive covenant is not allowed to be used as a restraint of trade.

If they decide the value of the business is $ 400,000, and the restrictive covenant is worth $ 100,000, then only $ 400,000 may qualify for the capital gains treatment, which may allow for the capital gains exemption.

Participated in the defense and prosecution of restrictive covenant litigation, resulting in a consent permanent injunction being entered against the opposing party

He has a broad range of litigation experience that includes handling some of the largest collective and class actions in Arizona, collective bargaining agreement arbitration, discrimination lawsuits, restrictive covenant enforcement and injunction, and the defense of administrative charges involving various state and federal agencies across the United States.

As with an employment contract, a restrictive covenant must be agreed to by the employee before he or she accepts employment.

Ed has particular expertise in restrictive covenant disputes, complex and sensitive HR issues, TUPE, reorganisation and senior executive terminations and disputes.

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:

The restrictive covenant is not meant for you, but rather to an arm's - length, or unrelated, employee.

Lead counsel for healthcare clients (payors and providers) in payor / provider disputes, member claims, contracting issues, responses to civil investigative demands, restrictive covenant enforcement and defense, and alternative dispute resolution matters.

In this instance, no election is required to be filed, but it must be reasonable to conclude that the restrictive covenant is integral to the sale / purchase.

Lead counsel for defendant waste management and recycling company concerning validity of restrictive covenant in deed (plaintiff dismissed lawsuit)

advising and bringing into compliance under current community interest law major residential estate communities, developed under prezoning restrictive covenant schemes

In the article, the authors recommend prelitigation steps and strategies for handling trade secret and breach of restrictive covenant litigation.

We represent companies across industries in copyright, trademark, trade secret, outsourcing, computer, technology, software, restrictive covenant, and franchise law, in addition to other intellectual property disputes.