by Charles Horowitz | Mar 24, 2019 | Contracts, Leases, & Disputes, Employment Law
Does an employee’s non-competition or non-solicitation agreement remain enforceable if the employing company undergoes a change in ownership? Over the years, a substantial number of Federal and State court judges have addressed the issue. Despite...
by Charles Horowitz | Feb 20, 2019 | Miscellaneous
Without the benefit of court guidance, conventional wisdom in Minnesota has long been that non-competes are enforceable only up to their contractually stated limits. A one year non-compete should run one year from the date the employee departs, not a day more. This...
by Charles Horowitz | Feb 12, 2019 | Consumer Law, Employment Law
Federal and state law allows consumers, employees and other groups of persons under certain circumstances to amalgamate and jointly pursue common legal claims against an individual defendant. Such class actions or, in the vernacular of the Fair Labor Standards Act...
by Charles Horowitz | Jan 23, 2019 | Employment Law
Growing up in Minnesota, I heard a lot about the “Five State Area”, consisting of Minnesota and its neighbors to the South, West and East: Iowa, North Dakota, South Dakota and Wisconsin. A region, I later came to learn, unknown to anyone from those...
by Charles Horowitz | Jan 15, 2019 | Miscellaneous
In its latest take on non-competes, the Minnesota Court of Appeals recently affirmed a lower court injunction prohibiting a former Medtronic employee from working for a direct competitor, despite an apparently tenuous claim for potential competitive harm. The...
by Charles Horowitz | Nov 29, 2018 | Employment Law, Miscellaneous
Under longstanding Minnesota’s law, existing employees of any business have a duty of loyalty which precludes, among other things, diverting business to their employer’s competitor. Does this, in the abstract, preclude “moonlighting” in the...
by Charles Horowitz | Nov 9, 2018 | Employment Law
The following is an outline of a presentation that I gave to the Hennepin County Bar Association, Labor and Employment Law Section, on November 13, 2018. I. Purposes and Background a. Hiring preference − Minn. Stat. § 197.455: “Recognizing that...
by Charles Horowitz | Oct 4, 2018 | Employment Law
Prosperity for those not born to wealth often requires the taking of risk. Some risks, unfortunately, don’t pan out, leading to financial ruin. Federal bankruptcy law provides failed risk-takers relief, discharging debts and creditor claims to allow...
by Charles Horowitz | Sep 26, 2018 | Employment Law
A federal court applying Minnesota law recently clarified the standard for pleading in non-compete cases, ruling that inference of a breach alone will not suffice where an employee accesses but isn’t shown to have used stolen documents. The ruling in the case,...
by Charles Horowitz | Sep 21, 2018 | Miscellaneous
From manicurists at your local salon to med-tech engineers to company CEOs, workers up and down the economic ladder are increasingly being required to sign noncompetition agreements (or “non-competes”) as a condition of their employment. Despite an historically tight...
