As previously discussed, the most basic requirement of an enforceable non-compete is that it be “reasonably limited in its operation with respect to time and place.” However, more and more, non-competes are substituting customer specific limitations... read more
Most employers overreach: They don’t want competitors, period. So, when given a chance to draft a non-compete, they want it to be as broad as possible. So, when an employer has an employee who works in South Carolina and North Carolina, the non-compete generally... read more
I have found myself explaining to prospective clients more and more: “Even if you win, you lose.” The cost of defense of a noncompete lawsuit can vary greatly and costs in South Carolina will generally be less than in New York. But, I would think that... read more
My son just took my old laptop and replaced the Windows XP operating system with Ubuntu, a Linux operating system. Ubuntu is a open source operating system which grants its users a license to run the program for any purpose, to study and modify the program, and to... read more
In Stonhard, my clients worked for a commercial and industrial flooring company: A multi-national corporation. My clients generated less than .1% to Stonhard’s bottom line. This case presents a picture of a slippery slope, and in more ways than one. While... read more
When I think of non-competes, the case that comes to mind is Stonhard v. Carolina Flooring. The litigation lasted 2.5 years, which included twists and turns, peaks and valleys. Both sides spent more than a little money, although the Plaintiff easily outspent Defendant... read more