Enforceability of a non-compete agreement: a comparison between various states

The matter of enforceability of non-compete agreements, or non-compete covenants – i.e. those covenants requiring an employee (often equipped with knowledge and information that is potentially dangerous if disclosed to competitors) not to work for competitors after the end of the employment relationship – may be treated differently by different states in the U.S., and it should be kept in mind that case law on the topic is constantly evolving.

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The importance of having a Business Plan

Having a business plan¹. The main purpose of the present document is to provide educational information, and in no way its content shall be considered as legal advice. THINKINLAW makes no representation or warranty as to the accuracy or reliability of any advice, opinion, statement or other information displayed on this document. Therefore, reliance upon any such opinion, advice, statement, or other information shall be at your own risk. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. You should not act upon this information without seeking advice from a lawyer licensed in your own state or country. Copyright © 2013 Thinkinlaw, LLC. Permission is granted to make and distribute, without any charge, copies of this entire document, provided that such copies are complete and unaltered and identify Thinkinlaw, LLC as its author. All other rights are reserved.] is really important when applying for (at least) two of the most common business Visas, in connection with the foreign company’s internationalization process: E and L Visas.

Here is a bullet point list, which we do not expect to be exhaustive, but merely indicative of the main reasons why it is so important: Continue reading

Delaware Supreme Court on enforceability of an express obligation to negotiate in good faith

An interesting opinion from the Delaware Supreme Court, reaffirming the enforceability of an express obligation to negotiate in good faith, should be used as a guide when drafting term sheets, letters of intent, or preliminary agreements¹.

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¹The main purpose of the present document is to provide educational information, and in no way its content shall be considered as legal advice. Thinkinlaw, LLC makes no representation or warranty as to the accuracy or reliability of any advice, opinion, statement or other information displayed on this document. Therefore, reliance upon any such opinion, advice, statement, or other information shall be at your own risk. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. You should not act upon this information without seeking advice from a lawyer licensed in your own state or country. Copyright © 2013 Thinkinlaw, LLC. Permission is granted to make and distribute, without any charge, copies of this entire document, provided that such copies are complete and unaltered and identify Thinkinlaw, LLC as its author. All other rights are reserved. In some jurisdictions this newsletter may be considered attorney advertising.