Sentences with phrase «to enforce a restrictive covenant»

The doctor defended by stating that the parent company's merger with another entity made the plaintiff a successor under the law that could not enforce the restrictive covenant.

However, bad conduct by a former employee, whether by taking confidential information or poaching former customers of the former employer, often will overcome a court's reluctance to enforce a restrictive covenant against a low - level employee.

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

According to subsection (j) of Florida's Non-Compete Covenant Statute, § 542.335, «[a] court shall enforce a restrictive covenant by any appropriate and effective remedy, including, but not limited to, temporary and permanent injunctions.

The principle discussed by the Fourth DCA in Northern Trust is that a prior material breach of an employment agreement by an employer prevents the employer from being able to enforce a restrictive covenant contained in the agreement against the former employee.

State law may impact the employer's ability to enforce such obligations, because many courts will not enforce restrictive covenants when an employee is terminated through no fault of his or her own.

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.

This would make enforcing any restrictive covenants difficult, increase the chance of a successful unfair dismissal claim, and unless misconduct is discovered the employer will need to pay the PILON (along with legal costs).

Acting for a company to enforce restrictive covenants against a departing director and his new employer.

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

Consequently, courts look for reasons not to enforce restrictive covenants and the fact that an employee is «low level» often creates an equitable reason for the court to refuse to enforce restrictive covenants.

If the answer to either of these questions is yes, Illinois courts are likely to enforce a restrictive covenant.

Attorneys for these companies must take affirmative steps to protect such information by crafting, implementing and enforcing restrictive covenants.

Among others, he has litigated cases relating to wrongful dismissal, constructive dismissal, psychological harassment, privacy issues and injunctions to enforce restrictive covenants and confidentiality 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.

We also handle High Court litigation for breach of contract including injunctions to enforce restrictive covenants, actions for breach of copyright and confidentiality and high value claims for non-payment of bonuses.

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

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

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 employment.

On the basis of this restrictive covenant, the franchisor commenced legal proceedings against the Peterborough franchisees to enforce the restrictive covenant.

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.

Hermes Homes Ltd v Dibb Lupton Alsop (2002)(Ch D, Birmingham)(assessment of damages where vendor subsequently unable to enforce restrictive covenant)

Finally, most employment agreements provide that the employer is entitled to an award of attorneys» fees in an action to enforce the restrictive covenant.

That decision struck down states» rights to enforce restrictive covenants — in this case, an agreement among neighbors to bar real estate sales to African Americans and Asians.