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Joined 7 months ago
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Cake day: November 29th, 2023

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  • Prior to this, the restrictions on non-competes varied by jurisdiction. Many were similar to Texas:

    Under Texas law noncompete agreements can be enforceable if:

    1. The noncompete provision is part of an otherwise enforceable agreement.
    2. The non-compete requirement is supported by valid consideration (consideration meaning something of value provided to the employee).
    3. The non-compete requirement is reasonable in geographic scope, timeframe, and activities being restrained.

    The factors were issues for a jury. Even with this change from the FTC, I expect companies will still be able to pursue prohibitively expensive litigation against former employees for things like theft of trade secrets. Even a bogus claim can cost many thousands of dollars to defend even if it is meritless.






  • It depends on the jurisdiction. In some there is some judicial discretion. I saw a case where the amount was 111.1%. I am not admitted in New York and am too lazy to look up their rules. Usually the amount is enough to pay the whole judgment plus all costs (which shouldn’t be a very high percentage of such a huge judgment, lol).

    One of my clients deposited the judgment amount plus court ordered costs in cash in an escrow account of the Court pending the appeal. The prevailing party received the judgment plus the interest the deposit earned (like an IOLTA).