The use of forum-selection clauses in non-compete agreements received a possible boost from a recent U.S. Supreme Court ruling in the case of Atlantic Marine Constr. Co. v. U.S. District Court for the Western District of Texas, 187 L. Ed. 2d 487 (2013). Cliff Atlas and Ravindra Shaw have writtten an article on the
Tennessee Continues its Trend of Enforcing Non-Competes
In a recent Tennessee case, Fidelity Brokerage Services LLC v. Melissa Clemens, No. 2:13-CV-239 (E.D. Tenn., Nov. 4, 2013), the Court entered a preliminary injunction prohibiting a former employee from soliciting customers or prospective customers she served while working for Fidelity, from soliciting Fidelity’s employees, and from using Fidelity’s confidential information. As we previously
Ohio Appellate Court Sporks Plaintiff in Plastic Cutlery Non-Compete Dispute
An Ohio appeals court recently held that an employee did not breach his non-competition agreement by creating his own business in the same industry as his former employer, despite the fact that the former employee contacted clients of his former employer and began compiling an inventory during his restricted period. Berk Enterprises, Inc. v. Polivka
Tennesse Court Rules Non-Compete Agreements Enforceable Against Two Former Executives
Shawn Kee has written on the Jackson Lewis website about a recent decision from the Court of Appeals of Tennessee, James F. Dill Jr. et al v. Continental Car Club, Inc., in which the Court held that a non-compete was narrowly enforceable under Tennessee law, although it declined to enforce a Florida choice-of-law provision which