Corporate Law

Beyond the Non-Compete: Things to Consider when Hiring a Competitor’s Employees

Non-compete agreements and other restrictive covenants are often a concern when hiring new employees, especially those with specialized skills and abilities. Even in the absence of a restrictive covenant, however, employees and their suitors are still bound by rules that arise solely from the law. Employers must be mindful of these non-contractual restrictions when recruiting potential employees.

Inquire Before You Hire: Prospective Employees and Restrictive Covenant Agreements

You have finally found a prospective employee who meets all of your search criteria and is a superstar (or prospective superstar) in the field. You want to move forward with the hiring process on an expedited basis. You extend a generous offer, which is promptly accepted. And then you discover, one way or another, that this individual has a restrictive covenant agreement with a prior employer. What should you do? What if you don’t find out about the Covenant Agreement until after you have hired the individual?

THE SUPREME COURT’S EPIC DECISION: The Beginning of the End of Employee Class Actions?

The issue of whether these class action waivers are enforceable has been a contentious issue. Specifically, federal courts have disagreed whether arbitration agreements containing a class action waiver violate the National Labor Relations Act, thus rendering them invalid and unenforceable. On May 21, 2018, the Supreme Court resolved this issue in Epic Systems Corp. v. Lewis, holding that agreements requiring employees to arbitrate claims on an individual basis are enforceable. Here’s what you need to know.

Should We Notify Our Insurance Company?

On March 28, 2018, a federal judge in Atlanta excused Fulton County’s insurance company from paying more than $6.5 million. Valuable insurance coverage was lost because the County failed to provide timely notice to its liability insurance company. Insurance policies are contracts between the insurance company and the insured. Those contracts require the insured to […]

DAVID V. GOLIATH – Using Indemnification Clauses to Level the Contractual Playing Field

Not all parties to contracts are created equal. In fact, more often than not one party to a contract may have considerably greater bargaining power and financial resources than the other party. This can give the stronger party an incentive to misbehave. So how can you protect yourself when you are the “David” in a David v. Goliath scenario? Consider using an indemnification clause to help level the playing field.