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What Every Corporate Counsel Should Know About Non-Compete Agreements
Businesses can get a nasty surprise when they learn that a court will not enforce a former employee's non-competition agreement. To avoid this result, in-house counsel should carefully draft their non-compete clauses, with full awareness of the general principles and their state's laws. Provided here is a sample of different state courts' approaches to interpreting and enforcing non-competition agreements. Such information can also be important when considering new applicants, and in times of merger.Thanks to California's stringent antispam law, ValueClick was facing potentially enormous damages in a case in which Hypertouch accused the Internet ad company of sending out 45,000 e-mails containing false claims. But Gibson Dunn successfully argued that Hypertouch's claims were preempted by the federal CAN-SPAM Act.
Big Tobacco Companies Battle over Altria-Backed Bill to Impose FDA Regulation
Altria, which owns tobacco giant Philip Morris International, is one of the perhaps surprising backers of a bill that would give the FDA the authority to regulate tobacco. Critics say Philip Morris' motive may be less than altruistic, and that their real goal is to squeeze out competitors. The issue has created a fissure between Philip Morris and the rest of Big Tobacco -- the industry's lobbyists, sans Philip Morris, are pushing to block the measure through the time-honed tactics of doubt and delay.D.C. Firms View China With Caution
Dozens of U.S. firms have swept into the Chinese market in recent years -- 39 of the largest 250 U.S. firms have offices in Shanghai, Beijing or Hong Kong. But Washington, D.C., firms have been late to the game, with some justification. Most of the law firm money to be made stems from burgeoning corporate activity -- foreign investment, IPOs and mergers and acquisitions -- which is largely the province of big firms in New York and L.A. Still, China won't be ignored -- there's just too much money at stake.A long-running ERISA class action against Bear Stearns ended with a whimper this week when employees who claimed to have lost $215 million when their retirement savings were invested in Bear Stearns stock agreed to settle for $10 million.
As ABA Debates, MDPs Are Spreading
Employment Law Training, the nonlawyer arm of San Francisco-based Littler Mendelson, is rapidly becoming the firm's largest revenue source. The half-owned subsidiary generates $200,000 a month in billings. It's hardly the only success law firms have had with side businesses, despite the supposed ethical restrictions on multidisciplinary practices. A survey by The National Law Journal of the country's largest law firms shows nonfirm businesses thriving.Trending Stories
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