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Category: Litigation

Restrictive Covenants and Blue Pencils: A Shifting Landscape

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/05/07 at 04:29pm

Many employment contracts contain restrictive covenants designed to govern what a person may – or, most often, may not – do after they leave a company. Traditionally these non-compete restrictions were used mostly with senior executives, sales people who possessed account lists, and key individuals with access to confidential trade secrets and proprietary designs or processes. But as companies widen the use of these restriction-laden employment agreements to include middle managers and even office or manufacturing staff who possess no truly confidential information, courts in various jurisdictions have wither modified such clauses or thrown them out entirely. In some states […]

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Alternative Dispute Resolution (ADR) – Litigation or Arbitration

Alternative Dispute ResolutionLitigation By Harvey Binnall PLLC - 2018/01/09 at 09:25am

One of the most important decisions that a party faces in drafting a new contract is how to settle any disputes that arise under the contract. More and more, parties are deciding to include arbitration provisions in agreements as the chosen method for deciding such disputes. Courts generally give these provisions great weight and will not hesitate to enforce them. There are a number of advantages to choosing arbitration over litigation at the onset of litigation. For instance, arbitration is often less expensive than full-blown litigation and it allows for a certain amount of customization in the dispute resolution process. […]

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ADR, arbitration, contracts, litigation