About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: Noncompete Agreements
Virginia Supreme Court Issues Important Noncompete Decision
Last week, the Virginia Supreme Court issued an important decision involving a covenant not to compete that was virtually identical to one that it upheld twenty years ago. This time, however, the Court concluded that the covenant was overbroad and unenforceable. … Continue reading
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Minnesota Decision Is Cautionary Note For Employers That Hire Competitor’s Employees
In an unpublished decision, the Court of Appeals for Minnesota affirmed a district court’s enforcement of a noncompete covenant and awarded a former employer over $615,000 against a competitor who hired the employee bound by the covenant not to compete. … Continue reading
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Virginia Circuit Court Strikes Down Noncompete As “Inherently Overbroad”
A Virginia Beach Circuit Court struck down a noncompete agreement entered into between a medical company and a nurse practitioner who left the company to start her own clinic. The company filed suit to enforce the noncompetition and nonsolicitation clause … Continue reading
Former Broker Enjoined From Using Fidelity’s Customer Lists
The U.S. District Court for the Eastern District of Virginia recently issued a temporary restraining order (TRO) preventing a former broker for Fidelity Global Brokerage Group, Inc. from using Fidelity’s proprietary customer information to solicit its customers for his new employer, … Continue reading
Fairfax Circuit Court Declines To Enforce Noncompete Agreement
Virginia Lawyers Weekly has an article here on a recent decision by the Fairfax County Circuit Court involving a noncompete agreement. More after the break.
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Another Circuit Court Refuses To Enforce A Virginia Noncompete Agreement
A Virginia Circuit Court recently struck down a noncompete agreement between an employer and a former employee as overbroad in scope. More after the break.
Clear Showing Of Actual & Immediate Irreparable Harm Must Be Proven For Injunctive Relief
In FBR Capital Markets & Co. v. Karen Short, the United States District Court for the Eastern District of Virginia found that FBR failed to present sufficient evidence to warrant the granting of a temporary restraining order in connection with … Continue reading
Dispatcher Wins Noncompete Suit
Virginia Lawyer’s Weekly has an article here on a delivery dispatcher who won a noncompete suit in Fairfax Circuit Court. The Court struck down the noncompete as overbroad under the “janitor” rule — i.e. the noncompete would have prohibited the … Continue reading
4th Circuit Decides Business Noncompete Case
For those interested in this kind of thing, the Fourth Circuit recently issued an unpublished opinion in the second appeal in a case involving a covenant not to compete given in connection with the sale of a business. In Western … Continue reading
Virginia Supreme Court Upholds Termination Of Non-Compete With Agreement
In an unpublished order dated January 9, 2009, the Supreme Court of Virginia found that the termination of an employment contract also terminated the non-compete as a matter of law based on the language of the agreement. A copy of … Continue reading
Virginia Supreme Court Upholds Demurrer To Non-Compete Suit
In KBH Corporation vs. David R. McGeorge Car Company, Inc., decided December 12, 2008, in an unpublished order, the Virginia Supreme Court sustained a demurrer to a complaint seeking to enforce a non-compete agreement. A copy of the Court’s order … Continue reading
Western District of Virginia Denies Motion To Dismiss Noncompete-Related Claims
In a memorandum opinion issued on August 12, 2008, the U.S. District Court for the Western District of Virginia denied an individual’s motion to dismiss a case filed against him involving his resignation and acceptance of a position with a … Continue reading
One Consideration When Suing A Former Employee
A Virginia resort now faces a class action lawsuit over overtime wages after filing a lawsuit against two timeshare sales employees seeking to enforce a noncompete agreement against them. The story is here. Since the filing of the overtime counterclaim … Continue reading
Judge Strikes Down Noncompete And Nonsolicitation Agreement As Overbroad
On April 15, 2008, Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia granted a motion to dismiss breach of contract claims relating to an employee noncompete and nonsolicitation agreement in Nortel Communications, Inc. v. … Continue reading
General Assembly Fixes Loophole For Health Care Noncompete Agreements
The Virginia General Assembly has attempted to clean up what appeared to be a loophole to allow medical professionals to escape noncompete agreements based on a recent decision by the Supreme Court of Virginia. The bill was signed by the Governor … Continue reading
