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September 18, 2020Teresa Fariss Mcclain Recognized as Woman worth Watching by Profiles in Diversity Journal
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September 17, 2020Robins Kaplan LLP Files New Lawsuit Against Delbarton School and the Order of St. Benedict of New Jersey on behalf of Survivors of Child Sex Abuse
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September 22, 2020Landslide: IP Legal Pitfalls of Machine Learning Systems
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August 26, 2020INSIGHT: Avoiding Trade Secret Claims After Seeing a Competitor’s Crown Jewels
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Fall 2020Conservation Easement Deductions: How Recent Tax Law Developments Have Created A New Area of Legal Malpractice Litigation
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Use Arbitration to Protect Non-Competes
A properly drafted arbitration provision in the employment agreement would allow for efficient, low-cost enforcement, and offer multi-state employers greater confidence.
July 24, 2013
It's a familiar story: an employee bound by a non-competition covenant is recruited by a competitor in a jurisdiction that refuses to enforce the covenant, and a a race to the courthouse ensues. The employee files a declaratory-judgement action in the unfriendly jurisdiction to invalidate the non-compete, and the former employer files a competing enforcement action in its home state. With two parallel lawsuits, the results are far from ideal. At best, it's a costly jurisdictional fight with competing motions in different courts. At worst, the non-compete is invalidated.
Eprinted and posted with permission to Robins, Kaplan, Miller & Ciresi L.L.P.from Today's General Counsel
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
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