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Differing State Laws on Restrictive Covenants
One of the most controversial areas of employment law, the enforceability of restrictive covenants — which often take the form of noncompete agreements, non-solicitation clauses, or non-disclosure agreements — can be very difficult for employers to navigate. With the increasing mobility of the American workforce and the ease of access to sensitive information brought on by modern technology, drafting an effective and enforceable restrictive covenant is essential to protecting your interests as an employer as well as the interests of the company as a whole. According to recent research, as much as 18% of the American workforce has entered into some form of a restrictive covenant, most commonly in the form of a noncompete agreement. Because the laws vary widely from state to state, knowing the law of your jurisdiction is crucial in drafting an enforceable restrictive covenant that adequately protects your business interests.
Both the nature of the agreement and the context into which it is entered will affect the enforceability of the agreement. This ultimately turns on which state's law applies –€” often depending on where the dispute is litigated. Although choice of law and venue provisions may ensure that the dispute is litigated in a favorable venue of your choice, some states, such as California, impose restrictions on these clauses as well. However, most states have adopted some version of the Second Restatement of the Conflict of Laws, which applies a “significant relationship” test for agreements without a choice of law provision.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.