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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Tag Archives: Noncompete Agreements
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
Maryland Court Refuses To Enforce Noncompete
In Ecology Services, Inc. v. Clym Environmental Services, LLC, the Court of Special Appeals of Maryland held that certain covenants not to compete were unenforceable as a matter of law and affirmed the circuit court’s grant of summary judgment for … Continue reading
Virginia Supreme Court Grants Writ In Noncompete Case
The Virginia Supreme Court has granted a writ of appeal in a noncompete case involving a pest control company. The order granting the appeal with the questions presented is here.
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
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.
Company Awarded Damages in Noncompete Case in Fairfax County
A Fairfax Circuit Court held that a former shareholder and director of a car dealership was liable to the company for violating his non-compete agreement and starting a similar business, as well as for soliciting another company employee to work … Continue reading
Amusing Search Terms
In looking at our blog’s statistics today, I noticed several interesting search terms — “how to falsify FMLA paperwork” and “no compete contract loopholes Texas.” For those who might not be inclined to believe me, I have posted a screen shot … Continue reading
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
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #9
We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 9 is: Developments in Non-Competition Agreements. More after the break.
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
Recent 4th Circuit Decisions of Interest
The U.S. Court of Appeals for the Fourth Circuit — already famous for not publishing many of its decisions — has continued the trend this year with very few published decisions. Several recent employment law decisions, however, are published decisions … Continue reading
Posted in 4th Circuit
Tagged 4th Circuit, Discrimination, ERISA, Noncompete Agreements, Sexual harassment
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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
