After a winding road to the United States Supreme Court, the long anticipated amendments to the Federal Rules of Civil Procedure (FRCP) were approved earlier this year.
What do you mean, we don’t have a non-compete? Protecting your company in the absence of written restrictive covenants
However, what if a search through the departing employee’s file reveals no written restrictive covenants? Can the company do anything to stop the employee from working for the competitor?
Selection and enforcement of an appropriate form of restraint involves not only balancing the employer’s and employee’s legal interests, but is often affected by the parties’ bargaining leverage.
There is no consensus among state or federal courts on the standards that govern preservation and spoliation issues.