Federal district judges in Chicago are now split over whether to follow the Illinois appellate court’s landmark non-compete decision, Fifield v. Premier Dealer Services, Inc., 373 Ill. Dec. 379, 993 N.E. 2d 938 (Ill. App. 1st Dist. 2013).
Continue Reading Federal District Judges In Chicago Are Now Split Over Whether To Follow The Illinois Appellate Court’s Landmark Fifield Decision
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Chief Federal District Judge In Chicago Declines To Follow Illinois Appellate Court Holding That, Absent Other Consideration, Two Years Of Employment Is Required Consideration For A Restrictive Covenant
Posted in Non-Compete Agreements
Judge Ruben Castillo, the Chief Judge for the United States District Court for the Northern District of Illinois, recently declined to follow a widely publicized Illinois Appellate Court decision in which the Appellate Court held that, absent other consideration, two years of employment is required consideration for a restrictive covenant in Illinois.
Continue Reading Chief Federal District Judge In Chicago Declines To Follow Illinois Appellate Court Holding That, Absent Other Consideration, Two Years Of Employment Is Required Consideration For A Restrictive Covenant
Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration Provided for Restrictive Covenants
Posted in Non-Compete Agreements
A recent decision by one district of the Illinois Court of Appeals (Fifield v. Premier Dealer Services) significantly altered long-settled understandings regarding the consideration required for an enforceable restrictive covenant in Illinois. In light of that decision, Illinois employers hoping to enforce restrictive covenants within two years after the signing date should be prepared to distinguish Fifield factually or legally. Employers that are concerned about their ability to do so, or that want to err on the side of caution, should act now to address the implications of Fifield.
Continue Reading Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration Provided for Restrictive Covenants
Illinois Supreme Court Decides Not To Review Lower Court Ruling That, Absent Other Consideration, Two Years Of Employment Is Required Consideration For A Restrictive Covenant
Posted in Non-Compete Agreements
The Illinois Supreme Court recently announced that it was not going to review an Illinois Appellate Court decision, Fifield v. Premier Dealer Services, Inc., which held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate consideration – even where the employee signed the restrictive covenant as a condition to his employment offer – and even where the employee voluntarily resigned.
Continue Reading Illinois Supreme Court Decides Not To Review Lower Court Ruling That, Absent Other Consideration, Two Years Of Employment Is Required Consideration For A Restrictive Covenant
Illinois Court Holds That, Absent Other Consideration, Two Years Of Employment Is Required Consideration For A Restrictive Covenant
Posted in Non-Compete Agreements
In Fifield v. Premier Dealer Services, Inc., an Illinois Appellate Court recently held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate consideration – even where the employee signed the restrictive covenant as a condition to his employment offer – and even where the employee voluntarily resigned.
Continue Reading Illinois Court Holds That, Absent Other Consideration, Two Years Of Employment Is Required Consideration For A Restrictive Covenant