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Exiled LLC Member Wins Declaratory Judgment and $1 Million in Wrongful...

Question: When two members of a privately held LLC get together and conspire to wrongfully expel the third member, what is the worst possible course of action they can take? Answer: Insist that the...

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Reevaluating Non-Compete Agreements in the Auto Sales Industry (yes, AutoNation)

It’s time to take a hard look at non-compete agreements in the car business. Let’s use an example: AutoNation, the Fort-Lauderdale-based car industry giant and Fortune 500 company. For the past twenty...

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National Non-Compete Update – March 2018

IBM & Its Diversity Trade Secrets: IBM had sued its former Chief Diversity Officer for moving to Microsoft and breaching a non-compete agreement. At issue: IBM claimed that Lindsay Rae McIntyre was...

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Non-Compete News & Notes – August 2018

It’s August of 2018 and non-compete agreements are still rampant in American markets. Not surprisingly, non-compete litigation remains big business for management-side lawyers, particularly at large...

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WeWork Runs Scared, Drops Abusive Non-Competes After State AG Threat

In a turn of events that should surprise no one, the bro-ed out start-up WeWork has caught heat for abusing employee non-compete agreements. That’s right. While holding itself as new wave, disruptive,...

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Janitor Non-Compete Agreements. Yep. That’s a Thing.

Proving once again that corporate greed knows no limits, real estate firm Cushman Wakefield recently sued a former janitor, Sonia Mercado, for violating a non-compete agreement. The Washington Post...

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2019: Non-Compete Abuse, Civil Rights, Morality, and Reform

Since starting my own law firm more than seven years ago, I have done one type of work more than any other: Defend poor people against bogus, abusive, illegal non-compete agreements. In all fairness, I...

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Corporate (Mis)Use of Non-Compete Agreements as Insurance Against Ex-Employee...

Around 2010, non-compete abuse in America reached peak absurdity. As I have explained many times: This was a a product of the following factors: (1) The internet and the information age. (2) Widespread...

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Employee Non-Compete Agreements as Section 1 Violations

To anyone with even a rudimentary understanding of antitrust law, it is obvious that employee non-compete agreements are at least potentially problematic. By definition, non-compete agreements are...

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Virgina Bans Many Non-Compete Agreements

Virginia has passed non-compete reform, banning non-compete agreements for certain low and middle income workers. The state joins several others that have recently enacted new laws intended to curb...

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