In the European Union, where we patterned Section 14 of the PCA, a recent example of a case involving non-compete clause
is the Telefonica/Portugal Telecom case.
be considered supported by consideration in Minnesota, a non-compete clause
generally must be agreed to at the beginning of the employment relationship.
Further, non-compete clauses
typically use boilerplate language.
Assuming that restrictive covenants involving laboratory personnel are permitted, a non-compete clause
can still be found invalid for a number of reasons.
In March 1995, Enzien allegedly signed a non-compete clause
that prevented him from engaging in a competitive business for two years.
"Generally speaking, non-compete clauses
have not historically been employee-friendly," says Courtney Rogers Reid, an attorney with a Minnesota-based financial services corporation.
The director now has her employees sign a firmly worded non-compete clause
and marks all copies of her student list as "confidential."
Most non-competition agreements written for employees of public accounting firms serving small to medium size business include the following key clauses: (1) non-compete clause
, (2) severability clause, (3) remedies clause, (4) arbitration clause, and (5) trade secrets clause.
"Since my buyout agreement contained a domestic non-compete clause
, I decided to make a virtue out of necessity and moved to Europe as a consultant.
BJI can now participate in these business because a non-compete clause
has expired, Albertson explained.
Skirting a non-compete clause
that forbids the original partners from reentering the business, Aversa and Guarracino have handed over the family's 70-year-old recipe book to their sons, Federico and Juan Martin.
Jeff Allen, MD, MMM, CPE, sold his practice and was on sabbatical from medicine from June 2000 until February 2002 to comply with the non-compete clause
in his sale agreement.