- Posts by Scarlett L. FreemanSenior Attorney
Attorney Scarlett Freeman's experience includes:
- Representing employers on a broad array of matters, such as compensation, restrictive covenants, discrimination, harassment, retaliation, whistleblowing, and other ...
Employers seeking to require an existing employee to sign a restrictive covenant should consider current litigation trends surrounding what constitutes “adequate consideration.” Under the traditional rule followed by a majority of states, continued employment, standing alone, is adequate consideration for a restrictive covenant signed by an at-will employee. Several courts, however, have recently reexamined this issue, so employers must be aware of differences among the states as to whether some consideration beyond mere continued at-will employment is required.
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Recent Updates
- Spilling Secrets Podcast: FTC Nixes Non-Competes Nationwide—Now What?
- Q&A on the FTC's Final Rule Banning Post-Employment Non-Competes
- Chamber of Commerce and Others Swiftly File Lawsuits Seeking to Enjoin and Vacate the FTC’s Noncompete Rule
- The FTC Finally Pulls the Trigger on a Final Noncompete Rule, with a Few Changes, but Remains Unlikely to Ever Hit Its Target
- Spilling Secrets Podcast: Navigating Physician Non-Compete Litigation