Non Compete Agreements
Non Compete Provisions or Agreements can masquerade in many forms and may not result in a simple "yes" or "no" regarding their enforceability depending on the context of the provision, the applicable law and the scope of the restriction. Sometimes the provision may involve the assistance of an employment lawyer, while on other instances the provision might be clearly inapplicable and unenforceable. In Arizona, among other factors, courts will consider the length of time and geographic scope in determining whether to uphold such an agreement. For this and many other reasons it is clearly important to consult an attorney with experience in non-compete matters. The Law Office of Peter N. Greenfeld P. C. handles litigation and transactional work for individuals and businesses regarding intellectual property,unfair competition and franchise matters.
Why Cut and Paste Non-Competition Agreements Are Not Always Enforceable
Successful businesses who have taken all the necessary and sometimes costly steps of protecting their intellectual property and proprietary information do not want to train employees who can walk it right out the front door to set up a competing business. Taking a "cut and paste" uniform non-compete from the Internet, may not provide the protection your company needs. In fact, many businesses are unpleasantly surprised when it does not. Laws governing non-competes vary from state to state and certain circumstances require the nuances that only an experienced attorney can provide. Does your non-compete include a non-disclosure provision? Is it just a non-solicitation agreement? Does it restrict competition? Which of these elements, if any meet other state requirements and may risk being struck down by a court with other interests requiring protection? Some states may modify offending provisions while other jurisdications might strike the provision altogether. The Law Office of Peter N. Greenfeld P. C. has experience dealing with a variety of provisions and outcomes in different situations that may be important for any specific individuals or businesses needing to protect its proprietary information.
|
Writing A Non-Competition Agreement-Not as Easy as It May Seem in a Website Ready Toolkit
Overly zealous employers wishing to protect their propriety information have to be able to navigate the various competing interests that states and jurisidications may have to protect employers and the rights of employees to earn a living particularly in "blue-pencil" states in which courts may wish to rigorously scrutinize geographic and temporal restrictions. The Law Office of Peter N. Greenfeld P. C. has experience handling litigation and transactional work for individuals and businesses regarding protection of proprietary information, intellectual property and unfair competition or non competition matters.
|
Arizona Non-Compete Litigation Lawyers-News and General Information
We hope this page will provide our readers with general information regarding non-competes, disputes and news of current interest. Because the facts and circumstances of every case are different, you should consult with an attorney experienced with non-compete provisions, their scope and enforceability if you have specific questions about your business or franchise and wish to protect your proprietary information using a non-compete or if you are an individual who feels that you are facing unneccesarily restrictive or unenforceable provisions that limit your ability to work. You may reach us directly at 602-954-2200.
|
|
U.S. District Court for the District of Arizona Grants Preliminary Injunction in Non-Competition Lawsuit Against Samuel Garvin, Rita Garvin and Garvin Promotion Group
According to this article, "Continental Promotion Group, Inc. (CPG) announced today that the U.S. District Court for the District of Arizona has granted CPG's Application for Preliminary Injunction and issued an Order requiring Samuel Garvin to abide by the terms of the Stock Purchase Agreement and Consulting and Non-Competition Agreement that he signed in 2005. Under the Agreements, Garvin promised not to compete with CPG, which he sold to CPG Marketing, Inc. during 2005, or to solicit CPG's customers or employees for a period of three years following the sale. Under the Court's Order, which was issued on May 7, 2008, Garvin may not, per the terms of the Agreements, engage in the business of processing and fulfilling rebates, gift cards and other promotional items; solicit for employment or hire current or former employees of CPG or solicit current or former clients of CPG."
California Cal. Bus. & Prof. Code §16600
"Every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void."
Arizona
Valley Med. Specialists v. Farber, 982 P.2d 1277, 1281 (Ariz. 1999). ("Arizona courts will 'blue-pencil' restrictive covenants, eliminating grammatically severable, unreasonable provisions.")
|
Real Life Business Advice from Real Business Attorneys
Our attorneys have a combined 30 years of experience in protecting intellectual property. Our team also includes an attorney who is a former retail store owner and in-house intellectual property counsel for Fortune 500 companies. We understand your concerns and have the experience to handle your legal matter prudently and effectively. With this combined and unique background, our attorneys can suggest real life and sometimes uncoventional solutions to help you deal with your matter.
Contact Us
Your intellectual property is valuable. It can provide a competitive edge and may even serve as the basis for your firm's daily business. It is important that your holdings are fully correctly protected by federal and state intellectual property law.
Contact us. We give lectures to area businesses on franchise matters, intellectual property law, and work with all types of firms, from individuals and small businesses to large companies and corporations. We can work to prevent competitors and others from using, copying or exploiting your intellectual property or taking advantage of one sides contracts with buried restrictions. We are conveniently located in Phoenix's Camelback Corridor, and can be reached at 602-954-2200.
The Law Office of Peter N. Greenfeld P. C.
4500 North 32nd Street, Suite 109
Phoenix, AZ 85018
Phone: 602-954-2200
Fax 602-956-4232
|
|