A recent decision from an Arkansas appellate court raises two important issues of enforceability of non-competition agreements: (1) the enforceability of a non-compete after expiration of the contractual non-compete period and (2) the applicable standard for determining whether a valid protectable interest exists.

In Bud Anderson Heating & Cooling, Inc. v. Neil, the plaintiff Bud Anderson Heating and Cooling, Inc. (“BAHC”), a HVAC vendor and service provider, appealed a lower court’s denial of BAHC’s petition for a one-year prospective injunction seeking to enforce an expired non-compete agreement with defendant Neil, which was allegedly violated when Neil joined a competitor
Continue Reading Arkansas Appellate Decision Bolsters Enforceability of Non-Competes

In an interesting recent decision, the Supreme Court of Arkansas refused to enforce a non-compete in a lease agreement — which clearly had been violated — because it did not arise out of a contract of employment or contract for the transfer of goodwill or property.
Continue Reading Supreme Court of Arkansas Refuses to Enforce Non-Compete Found In Lease Agreement