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Full-Text Articles in Law
Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau
Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
Enforcement of Noncompete Agreements: Protecting the Public Interest Through an Entrepreneurial Approach
The enforcement of noncompete agreements is variable, differing between courts, between states, and between contexts. Analysis of a noncompete agreement tends not only to be fact-dependent, but location-dependent as well. Some states enforce virtually all noncompete agreements; other states refuse to enforce any noncompete agreements. Courts determine reasonableness without regard to the terms of the agreement. A noncompete agreement is a unique type of contract, as the normal contract standard of mutual agreement supported by consideration falls to the wayside. Instead, reasonableness becomes the key to enforceability.
To …
No Surfing Allowed: A Review And Analysis Of Legislation Prohibiting Employers From Demanding Access To Employees’ And Job Applicants’ Social Media Accounts, Robert Sprague
Robert Sprague
This article examines recent state legislation prohibiting employers from requesting username and password information from employees and job applicants in order to access restricted portions of those employees’ and job applicants’ personal social media accounts. This article raises the issue of whether this legislation is even needed, from both practical and legal perspectives, focusing on: (a) how prevalent the practice is of requesting employees’ and job applicants’ social media access information; (b) whether alternative laws already exist which prohibit employers from requesting employees’ and job applicants’ social media access information; and (c) whether any benefits can be derived from this …