Posts tagged fee-shifting provisions.
Blogs
less than a minute
Employee restrictive covenant agreements often contain fee-shifting provisions entitling the employer to recover its attorneys’ fees if it “prevails” against the employee. But “prevailing” is a term of art in this context. Obtaining a TRO or preliminary injunction is not a final decision on the merits, so does obtaining a TRO or preliminary injunction trigger a fee-shifting provision? A recent case illustrates that an employer can sidestep this potentially thorny issue by using careful and thoughtful drafting.
In Kelly Services, Inc. v. De Steno, 2019 U.S. App. LEXIS ...
Blog Editors
Recent Updates
- Expanding the Reach of the DTSA: New Ruling Clarifies “Act in Furtherance” Requirement
- Florida Passes Employer-Friendly Restrictive Covenant Legislation
- Texas Amends Restrictive Covenant Laws for Healthcare Providers
- New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers
- New Jersey Non-Compete Laws: 2025 Update