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Fourth Circuit’s RLM Communications, LLC v. Tuschen Tackles Noncompetition and Trade Secret Misappropriation Issues.

by Jonathan Wall | Oct 11, 2016 | Blog, Employment Agreements, Noncompetition, North Carolina Employment Law

Noncompetition agreements (“non-competes”) present thorny issues.  In most cases, you have a former employee who has signed a black-and-white contract prohibiting him or her from engaging in certain employment, and the employee goes and does the one thing that the...

N.C. Supreme Court Adheres to Strict Blue-Pencil Rule, Rejecting Role for Courts in Rewriting Clauses

by Jonathan Wall | Mar 21, 2016 | News

The North Carolina Supreme Court rejected the notion that private parties can enlist the courts to re-write overly broad noncompetition provisions so that they can be enforced. Rejecting the lower court’s straying from the strict blue-pencil rule, Justice...

DANGEROUS NONCOMPETITION AGREEMENT CASE HEADS TO N.C. SUPREME COURT

by Jonathan Wall | Nov 17, 2014 | Blog, Employment Agreements, Noncompete, Noncompetition, North Carolina Employment Law

By Jon Wall, Member, Higgins Benjamin, PLLC Beverage Systems, LLC v. Associated Beverage Repair, LLC, 762 S.E.2d 316 (N.C. Ct. App. 2014) is headed to the North Carolina Supreme Court for review.  The Court should reverse the Court of Appeals’ decision, as it...

Noncompetition Agreements: New Case Highlights Need for Legislative Solution

by Jonathan Wall | Feb 14, 2014 | Blog, North Carolina Employment Law, North Carolina Litigation News

By Jon Wall, Member, Higgins Benjamin, PLLC The North Carolina Court of Appeals recently affirmed a long line of North Carolina cases refusing to enforce overly broad noncompetition agreements.  Noncompetition agreements, also called “noncompete clauses” and...

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