Tag Archives: non-compete agreements

Biden Executive Order Fosters Fair Marketplace

In July, President Joe Biden signed an Executive Order on Promoting Competition in the American Economy, including 72 initiatives intended to lower prices, increase wages, and promote innovation and economic growth. One of the initiatives asks the Federal Trade Commission (FTC) to curtail the use of non-compete and no-poach agreements that, according to the Order, […]

Non-compete agreements: Are your company’s enforceable?

Non-compete agreements often come under scrutiny, and a recent case illustrates the connection between reasonableness and enforceability of such contracts. In Ag Spectrum Co. v. Elder, the Eighth Circuit court affirmed a trial court’s ruling that the company’s non-compete agreement with an independent contractor was unreasonable and, therefore, not enforceable. The defendant, Vaughn Elder, had […]

Non-solicitation Agreements — Protecting Human Capital Without Restricting Employee Mobility

Consulting firms and their clients often have agreements that prevent the client from hiring the firm’s consultants. Such non-solicitation agreements between consultants and customers are an appropriate way to keep clients from circumventing the consulting fee and receiving services directly. A recent class action suit, however, illustrates that non-solicitation agreements between competing companies can violate […]