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In 1922, the Supreme Judicial Court eliminated any doubt that restrictive covenants in the employment context would be enforced when reasonable. [49] The basic proposition enunciated long ago continued to apply in the 2000s: "A covenant not to compete is enforceable only if it is necessary to protect a legitimate business interest, reasonably ...
While CNCs are one of the most common types of restrictive covenants, there are many others. Each serves a specific purpose and provides specific rights and remedies. The most common types of restrictive covenants are as follows: Garden-leave clause: a type of CNC by which an employee is compensated during the period that the employee is ...
Non-solicitation agreement provisions—alongside the non-compete clause (NCC) and the non-disclosure agreement (NDA)—constitute one of three restrictive covenants frequently found within a business contract. They may be entered into with both employees and independent contractors—in addition to multiple entities—as part of a larger ...
Restrictive covenants have a complex and sordid history. From the 1920s to the 1960s, racially restrictive covenants became a common tool to prevent racial, ethnic and religious minorities from ...
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]
Davidson Bros., Inc. v. D. Katz & Sons, Inc., 643 A.2d 642 (App. Div. 1994), was a case decided by the Appellate Division of the Superior Court of New Jersey that first applied public policy considerations instead of the touch and concern doctrine when deciding the validity of a restrictive covenant.
The National Labor Relation Board (NLRB) has determined that Apple's rules around leaks violate workers' rights, Bloomberg has reported. Apple's actions and statements from executives "tend to ...
"The practice of racially restrictive covenants is a clear example of systemic racism," Golden Valley City Attorney Maria Cisneros said during an online forum on the topic hosted by In the City ...
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