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Marc Davis Strikes Again! - J.T. Shoemaker/NY
7/13/2005 4:16:31 PM (2666 views)
Re: Marc Davis Strikes Again! - Jonathan Figliuolo/NJ
7/13/2005 5:15:36 PM (2617 views)
Re: Marc Davis Strikes Again! - J.T. Shoemaker/NY
7/13/2005 6:40:37 PM (2573 views)
Re: Marc Davis Strikes Again! - Robert Franco/OH
7/13/2005 5:20:31 PM (2582 views)
Re: Marc Davis Strikes Again! - J.T. Shoemaker/NY
7/13/2005 6:36:27 PM (2550 views)
Re: Marc Davis Strikes Again! - Douglas Gallant/OH
7/13/2005 7:11:07 PM (2573 views)
Re: Marc Davis Strikes Again! - J.T. Shoemaker/NY
7/13/2005 7:27:24 PM (2545 views)
Re: Marc Davis Strikes Again! - Alan Hirsch/NY
7/23/2005 11:31:37 AM (2537 views)
Re: Marc Davis Strikes Again! - Shannon Blatt/VA
7/25/2005 12:44:40 AM (2497 views)
Re: Marc Davis Strikes Again! - J.T. Shoemaker/NY
7/25/2005 10:08:44 AM (2428 views)

National Title Department Promotion - J.T. Shoemaker/NY
7/12/2005 9:02:02 PM (2408 views)
Re: National Title Department Promotion - Patrick Scott/IL
7/13/2005 11:17:14 AM (2375 views)
Re: National Title Department Promotion - J.T. Shoemaker/NY
7/13/2005 3:38:34 PM (2379 views)

Frustrated Abstractors Should Speak Out - Jarrod Clabaugh/OH
7/12/2005 4:40:01 PM (1876 views)

Anyone frustrated lately . . .??? - Michaela Urban/OH
7/12/2005 1:27:07 PM (2312 views)
Re: Anyone frustrated lately . . .??? - Robert Franco/OH
7/12/2005 1:39:41 PM (2792 views)
Re: Anyone frustrated lately . . .??? - Kevin Ahern/CT
7/12/2005 2:58:27 PM (2810 views)
Re: Anyone frustrated lately . . .??? - Michaela Urban/OH
7/12/2005 4:17:05 PM (2683 views)
Re: Anyone frustrated lately . . .??? - Matthew DeLand/NY
7/12/2005 4:23:07 PM (2519 views)
Re: Anyone frustrated lately . . .??? - Scott Perry/PA
7/12/2005 5:34:18 PM (2480 views)
Re: Anyone frustrated lately . . .??? - Kevin Ahern/CT
7/12/2005 6:09:23 PM (2488 views)
Re: Anyone frustrated lately . . .??? - Scott Perry/PA
7/12/2005 7:23:24 PM (2487 views)
Re: Anyone frustrated lately . . .??? - Michaela Urban/OH
7/12/2005 10:31:22 PM (2480 views)
Re: Anyone frustrated lately . . .??? - Rachel Malone/PA/PA
7/20/2005 5:34:11 PM (2429 views)
Re: Anyone frustrated lately . . .??? - Steve Schneider/IN
7/13/2005 1:53:34 PM (2421 views)
Re: Anyone frustrated lately . . .??? - Michaela Urban/OH
7/13/2005 5:12:24 PM (2453 views)
Re: Anyone frustrated lately . . .??? - Lisa Ramsey/TX
7/13/2005 10:51:26 PM (2496 views)
Re: Anyone frustrated lately . . .??? - Patrick Scott/IL
7/14/2005 11:09:15 AM (2459 views)

Has Anyone had experience with these two companies? - Matt Papsch/MD
7/12/2005 8:30:18 AM (2812 views)
Re: Has Anyone had experience with these two companies? - Jay Duncan/MO
7/12/2005 8:52:41 AM (2786 views)
Re: Has Anyone had experience with these two companies? - Matt Papsch/MD
7/12/2005 1:01:01 PM (2689 views)
Re: Has Anyone had experience with these two companies? - Aimee Raines Raines/VA
7/13/2005 6:13:39 PM (2458 views)
Re: Has Anyone had experience with these two companies? - Scott Perry/PA
7/13/2005 7:20:40 PM (2484 views)
Re: Has Anyone had experience with these two companies? - Matt Papsch/MD
7/18/2005 3:57:14 PM (2503 views)




E & O - Wendi See/SC
7/11/2005 8:29:33 PM (2321 views)
Re: E & O - Robert Franco/OH
7/11/2005 8:39:53 PM (2411 views)
Re: E & O - Steve Schneider/IN
7/11/2005 8:40:50 PM (2498 views)
Re: E & O - Glenda Hodge/TN
7/12/2005 10:50:51 AM (2424 views)
Re: E & O - Norean/GA
7/13/2005 7:30:09 PM (2244 views)

...and in the "Dumb Question Department"... - Scott Perry/PA
7/11/2005 6:11:00 PM (2378 views)
Re: ...and in the "Dumb Question Department"... - Kevin Ahern/CT
7/11/2005 6:53:15 PM (2590 views)
Re: ...and in the "Dumb Question Department"... - Scott Perry/PA
7/11/2005 10:06:44 PM (2430 views)
Re: ...and in the "Dumb Question Department"... - Deborah Manion/VA
7/12/2005 10:04:28 AM (2471 views)
Re: ...and in the "Dumb Question Department"... - Scott Perry/PA
7/12/2005 5:01:16 PM (2425 views)
Re: ...and in the "Dumb Question Department"... - Deborah Manion/VA
7/12/2005 5:06:28 PM (2448 views)
Re: ...and in the "Dumb Question Department"... - Scott Perry/PA
7/12/2005 7:29:18 PM (2321 views)
Re: ...and in the "Dumb Question Department"... - Douglas Gallant/OH
7/12/2005 6:46:10 PM (2439 views)
Re: ...and in the "Dumb Question Department"... - Jonathan Figliuolo/NJ
7/14/2005 12:02:52 PM (2403 views)
Re: ...and in the "Dumb Question Department"... - Shannon Blatt/VA
7/14/2005 3:47:12 PM (2392 views)
Re: ...and in the "Dumb Question Department"... - Ruth Seal/FL
7/16/2005 5:25:15 PM (2372 views)

Accusigning - Kevin Ahern/CT
7/11/2005 5:58:21 PM (2292 views)

QuickClose - Robert Franco/OH
7/11/2005 1:35:12 PM (3364 views)
Re: QuickClose - Kevin Ahern/CT
7/11/2005 2:02:05 PM (2479 views)
Re: QuickClose - Julie Jasiunas/WI
7/11/2005 7:02:46 PM (2529 views)
Re: QuickClose - Matthew DeLand/NY
7/12/2005 4:10:19 PM (2351 views)
Re: QuickClose - Robert Franco/OH
7/12/2005 5:41:06 PM (2378 views)
Re: QuickClose - Victoria Moate/NJ
8/9/2005 2:48:38 AM (2316 views)

A funny thing happened.... - SHARON YAHRAES/ID
7/10/2005 1:34:04 PM (2301 views)
Re: A funny thing happened.... - george Hubka/MI
7/10/2005 11:27:05 PM (2403 views)
Re: A funny thing happened.... - Lisa Ramsey/TX
7/11/2005 10:42:48 AM (2417 views)

More Security Issues - Shannon Blatt/VA
7/9/2005 10:47:23 AM (2328 views)
Re: More Security Issues - Shannon Blatt/VA
7/9/2005 10:52:18 AM (2665 views)
Re: More Security Issues - Julie Jasiunas/WI
7/9/2005 10:56:57 AM (2539 views)
Re: More Security Issues - Julie Jasiunas/WI
7/9/2005 11:08:55 AM (4705 views)
Re: More Security Issues - Scott Perry/PA
7/9/2005 11:51:02 AM (2439 views)
Re: More Security Issues - Shannon Blatt/VA
7/9/2005 7:17:57 PM (2356 views)
Re: More Security Issues - george Hubka/MI
7/9/2005 8:36:47 PM (2495 views)
Re: More Security Issues - Lisa Ramsey/TX
7/9/2005 11:00:28 PM (2401 views)
Re: More Security Issues - Kevin Ahern/CT
7/9/2005 8:56:48 PM (2405 views)
Re: More Security Issues - george Hubka/MI
7/9/2005 9:00:21 PM (2381 views)

E&O insurance continued... - Loretta Reed/MD
7/9/2005 10:18:53 AM (2302 views)
Re: E&O insurance continued... - Julie Jasiunas/WI
7/9/2005 10:46:50 AM (2593 views)
Re: E&O insurance continued... - Lisa Ramsey/TX
7/9/2005 11:26:57 AM (2558 views)
Re: E&O insurance continued... - Julie Jasiunas/WI
7/9/2005 12:19:54 PM (2491 views)
Re: E&O insurance continued... - Shannon Blatt/VA
7/9/2005 7:19:40 PM (2675 views)
Re: E&O insurance continued... - george Hubka/MI
7/9/2005 8:41:35 PM (2632 views)
Re: E&O insurance continued... - Lisa Ramsey/TX
7/9/2005 10:58:14 PM (2523 views)
Re: E&O insurance continued... - george Hubka/MI
7/10/2005 11:29:10 PM (2552 views)
Re: E&O insurance continued... - Marsha Fox/AL
7/11/2005 8:20:50 AM (2834 views)
Re: E&O insurance continued... - Loretta Reed/MD
7/12/2005 8:32:28 AM (2513 views)
Re: E&O insurance continued... - Donna Grady/NC
7/16/2005 10:56:00 PM (2491 views)

Former employees disclosures - SHARON YAHRAES/ID
7/9/2005 2:30:28 AM (2353 views)
Re: Former employees disclosures - Kevin Ahern/CT
7/9/2005 6:58:08 AM (2582 views)

Non compete clauses (more properly called restrictive covenants) are equitable remedies (sometimes called extraordinary remedies).In Connecticut they are enforceable but difficult and expensive to enforce. There was a case here several years ago involving a local television personality that enforced a restrictive covenant to a limited degree. In states in which they are enforceable they are usually narrowly construed by the courts to effectuate their remedial purpose. This is because you are attempting to limit someone in their ability to earn a living.

The court will examine the restrictive covenant to make certain that it is reasonable in terms of the 1. scope of the activity you want to restrict, 2. the time period for which you wish to restrict the activity and 3. the size of the geographical area in which you want to restrict the activity (your marketing area).

If any one of the three is deemed to be unreasonable by the court, the covenant will not be enforced or in the alternative the court may enforce it to a lesser degree (smaller area, shorter time or more limited activity). It will not fully enforce the covenant to the extent that it seeks to limit the activity in areas beyond the plaintiff's marketing area, to the extent that the duration of the restriction is too long or to the extent that the activity to be restricted is broader than the type of business in which you are engaged.

I read a case a while ago in which an orthodontist had hired a young dentist to work for him subject to a restrictive covenant. After several years the dentist resigned, and opened his own practice (Not including orthodonture work) in the same area as the orthodontist. When the orthodontist sued to enforce restrictive covenant, the court ruled that the covenant was reasonable to the extent of the five county geographical which was the orthodontist's marketing area. It further held that the five year duration of the restrictive covenant was reasonable, but held that the scope of the activity sought to be restricted (all dentistry) was overly broad and unreasonable. The court elected to fashion a more limited remedy. It enforced the covenant to the extent that there was competition in the area of orthodonture only, but left the dentist free to practice other forms of dentistry.  

When you initiate a suit to enforce a restrictive covenant, the plaintiff is seeking injunctive relief from the court. An injunction is a court order enforcing the restrictive covenant. The plaintiff usually seeks three court orders in the course of the suit. He normally seeks a short restraining order of several weeks duration which temporarily enforces the restrictive covenant until a court hearing can be scheduled to have a temporary injunction issued. The temporary injunction , if granted by the court, enforces the covenant for the duration of the case. That could be several years before it comes to trial depending on the court's backlogue of cases. Therefore, in some states it is customary for the court to require the plaintiff to post a bond to compensate the defendant for his lost wages during the period of the temporary injunction in the event that that plaintiff loses his case. If the plaintiff is successful, the court will issue a permanent injunction enforcing the restrictive covenant.

If your state has a trade secrets statute, you may want to have your attorney redraft your employment contracts to define sensitive information (i.e. identities of clients, your pricing structure, etc.) as a trade secret. You could then seek enforcement of the remedies provided by the statute. This provision could be contained in your employment contracts in addition to the restrictive covenants. It would be an additional remedy, and depending upon the state in which you reside it may be easier to enforce than the restrictive covenant. 

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Re: Former employees disclosures - SHARON YAHRAES/ID
7/9/2005 12:46:36 PM (2667 views)
Re: Former employees disclosures - Kevin Ahern/CT
7/9/2005 4:18:22 PM (2604 views)
Re: Former employees disclosures - Lisa Ramsey/TX
7/9/2005 11:34:09 AM (2629 views)
Re: Former employees disclosures - SHARON YAHRAES/ID
7/9/2005 12:43:23 PM (2657 views)
Re: Former employees disclosures - Douglas Gallant/OH
7/16/2005 4:43:54 PM (2596 views)
Re: Former employees disclosures - Lisa Ramsey/TX
7/17/2005 1:38:54 PM (2608 views)
Re: Former employees disclosures - SHARON YAHRAES/ID
7/17/2005 11:04:32 PM (2480 views)
Re: Former employees disclosures - Robert Franco/OH
7/9/2005 1:13:29 PM (2643 views)
Re: Former employees disclosures - Shannon Blatt/VA
7/9/2005 7:28:02 PM (2724 views)
Re: Former employees disclosures - Kevin Ahern/CT
7/9/2005 8:52:53 PM (2592 views)
Re: Former employee disclosures - Galavantin Avatar/CA
7/15/2005 2:10:03 PM (2613 views)

Public Note of Thanks - Helene Gonzalez/GA
7/8/2005 10:23:42 PM (3162 views)
Re: Public Note of Thanks - Robert Franco/OH
7/9/2005 11:13:50 AM (2373 views)
Re: Public Note of Thanks - Lisa Ramsey/TX
7/9/2005 11:17:24 AM (2400 views)
Re: Public Note of Thanks - Helene/GA
7/13/2005 11:39:49 PM (2440 views)

abstracting in LA - Michael Frank/TX
7/8/2005 10:13:51 AM (2206 views)
Re: abstracting in LA - Michael Frank/TX
7/8/2005 4:26:00 PM (2430 views)


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