Summerlin Law Firm News & Resources
Severance Agreements and Release of Claims
I meet with people weekly to review severance agreements. Almost all severance agreements include a release of...
Jurors are Tweeps Too: Web-based Mistrials A Trend
Jurors are instructed not to conduct independent research about issues in the cases they are selected to decide. They must decide the case on the evidence presented. They must not discuss the case until deliberations and then, only while in active deliberations with other jurors. But, as a series of cases over the last week have demonstrated, locking jurors away in a room no longer guarantees they will be cut off from the outside world.
Too Harsh to Enforce: Unemployment and Economic Reality
South Carolina's unemployment rate has hit 9.5%, and all indications are that it will continue to rise. And as hard as...
Massachusetts Bill Would Ban Non-Competes
The law is titled "An Act to Prohibit Restrictive Employment Covenants." The bill would render unenforceable "any...
Beat Your Non-Compete Manifesto
Recently, I joined a lawyer message board on LinkedIn called, Non-Compete Lawyers. It appears that many represent...
Non-Solicitation Provisions: Existing Customers
As previously discussed, the most basic requirement of an enforceable non-compete is that it be "reasonably limited in...
A Recipe to Beat Your Statewide Non-Compete
Most employers overreach: They don't want competitors, period. So, when given a chance to draft a non-compete, they...
Reality Check: Costs of Noncompetes: Action vs. Inaction
I have found myself explaining to prospective clients more and more: "Even if you win, you lose." The cost of defense...
Open Source
My son just took my old laptop and replaced the Windows XP operating system with Ubuntu, a Linux operating system....
Case Study Part II: Stonhard v. Carolina Flooring
In Stonhard, my clients worked for a commercial and industrial flooring company: A multi-national corporation. My...
Case Study Part 1: Stonhard v. Carolina Flooring
When I think of non-competes, the case that comes to mind is Stonhard v. Carolina Flooring. The litigation lasted 2.5...
Non-Compete Basics: Reasonable in Time
One of the criteria for enforcing non-compete agreements is that it must be "reasonable in time." This element of...
Non-Compete Basics: Employment vs. Sale of a Business
Courts do consider non-competes in the context of the sale of a business differently than those which arise out of an...
Non-Compete Basics: Statement of the General Rule
It probably should be noted at the outset that non-compete agreements are issues under state law, although sometimes...
Blawg Launch: Beat Your Non-Compete
Just what the world needs: Another blog. Or blawg as legal blogs are known among law-geeks. But, I just could not help...
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