Tag: restrictive covenants

ATK curdles its executive transition

by Mark I. Schickman We wrote last May about the kerfuffle between ABC-TV and Kelly Ripa when the network moved Live! with Kelly and Michael cohost Michael Strahan off the show behind her back (see “Pop quiz: Will she be Ripa roaring mad?”). The diminutive Ripa and the global network have since kissed and made […]

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Surprising pro-employer decisions on post-employment restrictive covenants

by Kyla Stott-Jess and Stefan Mirkovic Employers often place great faith in restrictive covenants to protect their assets when hiring key employees. In Canada however, noncompetition clauses have generally been very difficult to enforce outside of the context of a sale of business. Nonsolicitation clauses have also been carefully scrutinized by judges even though they […]

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The irony of irreparable harm

By Bruce Grist Conventional wisdom suggests that because a nonsolicitation clause is more likely than a noncompete clause to be enforced by a Canadian court, why bother including a noncompete clause in an employment agreement? The British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng suggests that there is still value in including […]

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Making restrictive covenants enforceable

by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]

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Checklist for Drafting Executives’ Contracts

by Peter M. Panken Drafting executive employment contracts requires attention to myriad details. The higher up the executive, the more likely there will be detailed negotiation of the terms. And when negotiating with an incoming CEO, CIO, or CFO, an HR executive is faced with tough negotiations with a future boss. Keep up with the […]

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