Non-Competition and Confidentiality

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Yes, the Wisconsin Supreme Court recently held that continued at-will employment is sufficient consideration for a noncompete agreement.
In Runzheimer International, Ltd., v. David Friedlen and Corporate Reimbursement Services, Inc., the Wisconsin Supreme Court resolved an issue that was previously unclear under Wisconsin law.  2015 WI 45 (Wis. Apr. 30, 2015).  The key holding…

A new lawsuit in New York challenges Prince’s classic lyric in Purple Rain that “Baby I could never steal you from another.”
According to the lawsuit, Prince recently recorded, produced, and released a new album for free from his protégé, former Voice contestant Judith Hill.  But controversy arrived faster than a little red…

The Minnesota Supreme Court recently published a decision that clarifies when advice of counsel can provide a defense to a claim for tortious interference with contract.
In Sysdyne Corp. v. Rousslang et al., Sysdyne sued a company named Xigent Solutions, LLC for hiring a former employee who was subject to a noncompete agreement…

Non-compete agreements are enforceable in Minnesota when the restrictions are reasonably necessary to protect the employer’s legitimate interests, such as the company’s goodwill, trade secrets, or confidential information.
Whether the restrictions in a non-compete agreement are reasonable depends on the nature and extent of the business, the nature and extent of the service of the…

Employees are often asked to sign a noncompete agreement as part of the hiring process. In that circumstance, the consideration offered by the employer to make the agreement enforceable is generally the job itself. But the job itself may not be sufficient for existing employees.
Occasionally, employers will present an existing employee with a noncompete…

The Minnesota Federal District Court recently reviewed an employee’s noncompete agreement and determined its terms were unenforceably vague and over broad.  See Gavaras v. Greenspring Media, LLC, et. al., Civil No. 13-3566 (D. Minn., Jan. 13, 2014).  The terms of the seventeen year old agreement (the company had been sold twice since that time)…

Last February, Representative Joe Atkins introduced a bill, HF 506, which, if passed, would prohibit noncompete agreements in Minnesota.  This bill was recently the subject of discussion at a Minnesota House Commerce  and Consumer Protection Finance and Policy committee hearing on August 29, 2013.  Currently, California and North Dakota are the only other two…