NON-COMPETE AGREEMENTS: YOU MAY NOT GET WHAT YOU BARGAINED FOR

G. A. FINCH According to the English philosopher Francis Bacon, “A man must make his opportunity as oft as find it.” Preventing a person from making his opportunity runs counter to the American ethos that a person should have the freedom to work wherever and whenever the person desires. This notion has been tempered by contractual and… Read More NON-COMPETE AGREEMENTS: YOU MAY NOT GET WHAT YOU BARGAINED FOR

CONFIDENTIALITY PROVISIONS IN EMPLOYMENT CONTRACTS

BY G. A. FINCH Confidentiality provisions in employment contracts have become pretty standard. Because of the boom in technology in the last three decades, there are a lot more intellectual property and proprietary information to be protected. Neither the employer nor the employee should underestimate the utility of confidentiality and non-disclosure provisions. Proprietary business information is a… Read More CONFIDENTIALITY PROVISIONS IN EMPLOYMENT CONTRACTS

EXECUTIVE EMPLOYMENT AGREEMENTS NOT AUTOMATIC

I know of two recently aborted CEO executive employment agreement efforts. The negotiations were benign or non-existent. The terms were neither onerous nor one-sided. The companies simply pulled the plug and decided not to move forward with the employment contracts. What gives? Is this the start of a trend? Hardly. Because of current economic uncertainty,… Read More EXECUTIVE EMPLOYMENT AGREEMENTS NOT AUTOMATIC