restrictive covenants

Indiana Appellate Court Finds Restrictive Covenant in Planned Unit Development does not Amount to a Zoning Ordinance

Patricia E. Salkin
March 21, 2012 05:11

Heide and Wilkerson own residences in the Benjamin Crossing planned unit development and sought to operate child care homes in their respective residences.  The applicable restrictive covenants and local law did not permit such a use in their residences, and thus the landowners filed a complaint...

Texas Appellate Court Voids, As Contrary to Fundamental Texas Law, Incentive Compensation Contract Imposing A Substantial Penalty For Post-Employment Competition With The Ex-Employer

Paul Freehling
March 13, 2012 21:10

Under Texas law, a restraint on competition without reasonable time and geographical limitations is unenforceable. Although New York generally disfavors an unreasonable non-competition covenant, there is an exception under the employee-choice doctrine. A recent Texas appellate court panel, applying...

Non-Compete Agreements For Security Guards (and now, Bouncers) May Be “Non-Enforceable”

Daniel Schwartz
February 23, 2012 13:04

With the blog approaching its fifth (!) anniversary later this year, I thought it was time to revisit some subjects that I covered in the blog’s infancy and update them. One such story from way back on September 14, 2007, was a new law that prohibited non-compete agreements by security...

New Jersey District Court Enjoins Former Financial Services Employee from Taking Customer Information

February 17, 2012 15:42

In a case to be noted by financial services entities that are signatories to the “Protocol for Broker Recruiting,” a New Jersey District Court issued a preliminary injunction to a financial services employer, Ameriprise Financial Services, Inc. (“plaintiff”) to prevent a...

New Jersey's New Trade Secrets Act

Richard S. Zackin
January 10, 2012 16:37

New Jersey employers should be aware that yesterday Governor Chris Christie signed into law the New Jersey Trade Secrets Act (“the Act”), which for the first time codifies the law in New Jersey concerning the misappropriation of trade secrets. The new law is derived largely from,...