The Boston Globe reported this morning that Governor Deval Patrick will propose today a sweeping legislation to make it easier for workers in technology, life sciences, and other industries to move from job to job by banning the non-compete agreements companies use to prevent employees from jumping to rivals. There''s no evidence that abolishing non-competes has hurt them — quite the contrary. Here''s the irony: Non-competes do limit competition. MORE
Entrepreneurs often get the advice from their lawyers and friends to always get a Non-Disclosure Agreements (NDA or CDA) signed before disclosing anything about their new venture. I recommend a mutual non-disclosure, with a non-compete clause, for protection in both directions. MORE
First, he’s proposing to ban non-competition agreements. Even though I often say that was 11 years and 364 days too many for my “non-big city, non-east coast” personality, Boston still has a sweet spot in my heart. The Massachusetts non-competition situation has always been stupid. In 2009, my partners and I at Foundry Group joined a coalition of VCs to try to eliminate non-competition agreements in MA. MORE
Employees seen as paying the price for the advantages an employer gains MORE
Restrictive covenants — Employers often use non compete and non solicitation clauses to retain employees. While non competes are not … Continue reading → Legal Why worry about employment law risks when you have enough things to focus on: building your team, getting traction, and lining up funding? Well, as the adage goes, “an ounce of prevention is worth a pound of cure.” MORE
Rob Stevens, vice president of sales and marketing at GrabCAD, writes in Xconomy how non-compete agreements--contracts that keep employees from leaving your company to work with competitors--are bad for business. Some states, like California, do not bother with enforcing non-competes. MORE
Create strategic partnerships with non-competing businesses in your area. Billboards: definitely offline. Most of us believe that these days, digital marketing is the only way to get results. MORE
There was no NDA or non-compete between the parties involved so it is not clear that anything illegal transpired here. At the end of the Berlin talk I posted yesterday, there was a question about ethics. It was directed at startups and how they build a culture of ethical behavior. But ethics and morals is an issue that extends beyond startups. It is an issue for all businesses and business people. The Gotham Gal recently told me a story about one of her portfolio companies. MORE
Though his blog makes a case for why you need to be in Silicon Valley, that got me think about the non-compete agreement prevalent in MA. With the non-compete in place, employees can oly jump over ship to unrelated industry and are forced to forego the relevant experience built over time. If they were in MA, non-compete clause would've required them to work on something else that they cannot capitalize on previous experience. MORE
What is the rule about those pesky non-compete agreements signed upon discharge or sale of the previous company? The good news is that if you were not a significant (usually 5% or more) selling shareholder of a previous company, many states specifically exempt non-compete agreements signed between companies and their employees or minority shareholders. Entrepreneurs tend to remain in the business arena they came from. MORE
Watch out for non-compete clauses, and conflicts of interest with the current employer. Sergey Bin and Larry Page image via Wikipedia for Google. MORE
It covers all employers, whether unionized or not, that meet a certain threshold of interstate commerce activity, and provides even non-union employees rights to certain “concerted, protected activities.” Image credit: Contract from Shutterstock. MORE
Use caution to avoid employer conflicts of interest and non-compete clauses. A common challenge faced by every entrepreneur is that they don’t have the bandwidth, interest or skills to do everything that is required to build their startup. MORE
And, because you were just starting out and the thought of a non-compete agreement was probably not even on your radar. It happens every day. MORE
The age of non-compete agreements is coming to an end. Here are better ways to make sure you don't lose top employees MORE
Always start with a formal proposal, limited in scope to a specific common objective or technology, for a limited amount of time, bounded by a two-way non-disclosure statement. Every startup has a core competency which should not be shared. Expand core competency and solidify strengths. MORE
Anytime you decide to bring in someone who does not have a stake in your business idea you should have them sign a binding Non Disclosure Agreement or NDA before you tell them or show them a thing. Non-compete Agreements Before and After Hiring. MORE
Always start with a formal proposal, limited in scope to a specific common objective or technology, for a limited amount of time, bounded by a two-way non-disclosure statement. Every startup has a core competency which should not be shared. Expand core competency and solidify strengths. MORE
Non-competes for salespeople and executives? For everyone else? HR/Benefits MORE
23 
5000 CEO says it''s time for non-compete clauses to go. That is why I am a firm believer that we need to take collective action--within both the public and private sectors--and, once and for all, universally eliminate non-compete clauses. What Are Non-Competes? MORE
Businesses often require employees to sign non-compete agreements to protect their business interests. However, just because an employee has signed a non-compete agreement does not make the agreement valid under the law. Non-Compete Time Period. MORE
Whether a business is contemplating entering into a partnership, hiring a service provider or in the process of selling itself, a non-disclosure agreement should be utilized when information is shared with third parties. by Tej Prakash, co-founder of ShouldiSign.com. MORE
Use external sourcing to fill in the non-critical gaps. Don’t use alliances for core competencies. Rather than push non-compete agreements on your superstars, it’s more productive to create incentive systems and creative ways for them to work more independently, just for you. MORE
Non-compete agreements can be an effective tool to protect these assets. Under the right circumstances and when properly drafted and implemented, non-compete agreements are enforceable in Florida. Non-compete agreements must be limited in time and geographic scope. MORE
One of the most overlooked sources of leads for any business is the pool of non-competing businesses that serve the same target market. The Biggest Marketing Challenges for Small Businesses written by John Jantsch read more at Duct Tape Marketing. MORE
I do not need an NDA with someone I trust, and conversely, if I thought I needed an NDA to coerce silence, I would be really careful about what I shared. Startup MORE
For the last few years, many leaders in the Massachusetts innovation community have been arguing that non-compete agreements should be eliminated. Many studies have shown that non-compete agreements reduce R&D investment and stifle innovation. MORE
Non-compete agreements may be on the rise, but they''re not the best way to protect your business--for many reasons MORE
Then they realize that they have talked to many people without signing non-disclosure statements, precluding a patent, or someone else has now beat them to the filing docket. Founders ignore non-compete clauses from former employers. MORE
38 percent of workers--from executives to wage staff--have been asked to sign a non-compete agreement. Here's what you need to know if you're ever asked to sign one MORE
26 
Non-Disclosure Agreements – A non-disclosure agreement helps to protect your idea by committing all the parties you are working with to confidentiality. Have they supported any competing businesses in the past? by Lewis Robinson. MORE
Clarify up front the potential for a conflict of interest or violation of a non-compete clause, and confirm the answer in writing. Remember that all businesses, even non-profits, require revenue to survive and prosper. MORE
Then they realize that they have talked to many people without signing non-disclosure statements, precluding a patent, or someone else has now beat them to the filing docket. Founders ignore non-compete clauses from former employers. MORE
Thus you require employees to sign non-compete agreements so you can protect your trade secrets and your talent pool. I would think non-competes would be even more necessary in a business climate where the average length of employment is pretty short. MORE
While MMM makes it clear that the alert is not legal advice it is also clear they feel companies need to wait before creating new more restrictive non-compete agreements. Not too long ago John Yates and Morris, Manning & Martin launched MMM Tech Law. It's nice and they have a quickly growing MMM Tech Law LinkedIn group with over 1,200 members to go along with it. The group is a who's who of the Atlanta tech scene. MORE
Have you ever considered that the person who made your sandwich is bound by a non-compete clause that''s stricter than your senior vice president''s clause MORE
Immersive Web Home About 18th Centurey British Textile Industry and Non-Competes In another chapter of “There is Nothing New Under the Sun”, we find a close comparison between the attempt to control information for economic superiority and the economic impact of free flowing information. Employment non-competes will end up like Britain’s — shackles that fail in the end. MORE
Goodbye, Non-competes? Massachusetts Governor Deval Patrick proposed legislation to eliminate non-compete agreements in his state. A roundup of the day''s news curated by the Inc. editorial team to help you and your business succeed. MORE
Given the wording of Georgia amendment one there was never any question in my mind that it would pass. But some of the statements made in the Jobs of Tomorrow funded robo-call sent me a little over the top and set VoteNoOn1 in motion. When I do something I like to measure. MORE
Up this week: How to handle an employee who won't agree to a non-compete. Dear Jeff, I'm in the process of hiring a new employee and he says he will refuse to sign our standard non-compete agreement. So a non-compete makes sense. MORE
Then they realize that they have talked to many people without signing non-disclosure statements, precluding a patent, or someone else has now beat them to the filing docket. Founders ignore non-compete clauses from former employers. MORE
Certainly the buyer’s asset purchase documents included a non-compete clause, usually valid for two years from the date of the closing. Separate confidentiality from non-compete, and obey the confidentiality clauses. The non-compete agreement does expire when stated. Some clever buyers try to slip in an unlimited non-compete, and some courts have upheld this. Does the non-compete start anew upon the employee’s departure? MORE
Non-Compete Related Topics YoungUpstarts
FEBRUARY 19, 2016
Non-compete agreements can be an effective tool to protect these assets. Under the right circumstances and when properly drafted and implemented, non-compete agreements are enforceable in Florida. Non-compete agreements must be limited in time and geographic scope.
Seeing Both Sides
APRIL 10, 2014
For the last few years, many leaders in the Massachusetts innovation community have been arguing that non-compete agreements should be eliminated. Many studies have shown that non-compete agreements reduce R&D investment and stifle innovation.
Inc Startups
MAY 15, 2017
Non-competes for salespeople and executives? For everyone else? HR/Benefits
Inc Startups
NOVEMBER 19, 2013
Thus you require employees to sign non-compete agreements so you can protect your trade secrets and your talent pool. I would think non-competes would be even more necessary in a business climate where the average length of employment is pretty short.
Inc Startups
DECEMBER 19, 2013
5000 CEO says it''s time for non-compete clauses to go. That is why I am a firm believer that we need to take collective action--within both the public and private sectors--and, once and for all, universally eliminate non-compete clauses. What Are Non-Competes?
YoungUpstarts
NOVEMBER 21, 2014
Businesses often require employees to sign non-compete agreements to protect their business interests. However, just because an employee has signed a non-compete agreement does not make the agreement valid under the law. Non-Compete Time Period.
Inc Startups
JUNE 9, 2014
Non-compete agreements may be on the rise, but they''re not the best way to protect your business--for many reasons
Inc Startups
OCTOBER 10, 2013
Rob Stevens, vice president of sales and marketing at GrabCAD, writes in Xconomy how non-compete agreements--contracts that keep employees from leaving your company to work with competitors--are bad for business. Some states, like California, do not bother with enforcing non-competes.
Inc Startups
JANUARY 19, 2012
Up this week: How to handle an employee who won't agree to a non-compete. Dear Jeff, I'm in the process of hiring a new employee and he says he will refuse to sign our standard non-compete agreement. So a non-compete makes sense.
Force of Good: a blog by Lance Weatherby
NOVEMBER 18, 2010
Given the wording of Georgia amendment one there was never any question in my mind that it would pass. But some of the statements made in the Jobs of Tomorrow funded robo-call sent me a little over the top and set VoteNoOn1 in motion. When I do something I like to measure.
Inc Startups
SEPTEMBER 30, 2015
The age of non-compete agreements is coming to an end. Here are better ways to make sure you don't lose top employees
Inc Startups
OCTOBER 25, 2016
38 percent of workers--from executives to wage staff--have been asked to sign a non-compete agreement. Here's what you need to know if you're ever asked to sign one
Berkonomics
JANUARY 27, 2012
Certainly the buyer’s asset purchase documents included a non-compete clause, usually valid for two years from the date of the closing. Separate confidentiality from non-compete, and obey the confidentiality clauses. The non-compete agreement does expire when stated. Some clever buyers try to slip in an unlimited non-compete, and some courts have upheld this. Does the non-compete start anew upon the employee’s departure?
Force of Good: a blog by Lance Weatherby
NOVEMBER 13, 2010
While MMM makes it clear that the alert is not legal advice it is also clear they feel companies need to wait before creating new more restrictive non-compete agreements. Not too long ago John Yates and Morris, Manning & Martin launched MMM Tech Law. It's nice and they have a quickly growing MMM Tech Law LinkedIn group with over 1,200 members to go along with it. The group is a who's who of the Atlanta tech scene.
Inc Startups
OCTOBER 15, 2014
Have you ever considered that the person who made your sandwich is bound by a non-compete clause that''s stricter than your senior vice president''s clause
Immersive Web
APRIL 17, 2008
Immersive Web Home About 18th Centurey British Textile Industry and Non-Competes In another chapter of “There is Nothing New Under the Sun”, we find a close comparison between the attempt to control information for economic superiority and the economic impact of free flowing information. Employment non-competes will end up like Britain’s — shackles that fail in the end.
Inc Startups
APRIL 6, 2017
I do not need an NDA with someone I trust, and conversely, if I thought I needed an NDA to coerce silence, I would be really careful about what I shared. Startup
Early Growth Financial Services
JUNE 19, 2014
Restrictive covenants — Employers often use non compete and non solicitation clauses to retain employees. While non competes are not … Continue reading → Legal Why worry about employment law risks when you have enough things to focus on: building your team, getting traction, and lining up funding? Well, as the adage goes, “an ounce of prevention is worth a pound of cure.”
A VC : Venture Capital and Technology
JANUARY 11, 2015
There was no NDA or non-compete between the parties involved so it is not clear that anything illegal transpired here. At the end of the Berlin talk I posted yesterday, there was a question about ethics. It was directed at startups and how they build a culture of ethical behavior. But ethics and morals is an issue that extends beyond startups. It is an issue for all businesses and business people. The Gotham Gal recently told me a story about one of her portfolio companies.
Berkonomics
JANUARY 20, 2012
What is the rule about those pesky non-compete agreements signed upon discharge or sale of the previous company? The good news is that if you were not a significant (usually 5% or more) selling shareholder of a previous company, many states specifically exempt non-compete agreements signed between companies and their employees or minority shareholders. Entrepreneurs tend to remain in the business arena they came from.
Startup Economy
JANUARY 25, 2010
Though his blog makes a case for why you need to be in Silicon Valley, that got me think about the non-compete agreement prevalent in MA. With the non-compete in place, employees can oly jump over ship to unrelated industry and are forced to forego the relevant experience built over time. If they were in MA, non-compete clause would've required them to work on something else that they cannot capitalize on previous experience.
YoungUpstarts
DECEMBER 10, 2015
Anytime you decide to bring in someone who does not have a stake in your business idea you should have them sign a binding Non Disclosure Agreement or NDA before you tell them or show them a thing. Non-compete Agreements Before and After Hiring.
YoungUpstarts
SEPTEMBER 20, 2016
Whether a business is contemplating entering into a partnership, hiring a service provider or in the process of selling itself, a non-disclosure agreement should be utilized when information is shared with third parties. by Tej Prakash, co-founder of ShouldiSign.com.
Startup Professionals Musings
APRIL 6, 2015
Use caution to avoid employer conflicts of interest and non-compete clauses. A common challenge faced by every entrepreneur is that they don’t have the bandwidth, interest or skills to do everything that is required to build their startup.
Startup Professionals Musings
MAY 2, 2016
Clarify up front the potential for a conflict of interest or violation of a non-compete clause, and confirm the answer in writing. Remember that all businesses, even non-profits, require revenue to survive and prosper.
Startup Professionals Musings
JULY 10, 2012
Then they realize that they have talked to many people without signing non-disclosure statements, precluding a patent, or someone else has now beat them to the filing docket. Founders ignore non-compete clauses from former employers.
Startup Professionals Musings
JUNE 14, 2014
Always start with a formal proposal, limited in scope to a specific common objective or technology, for a limited amount of time, bounded by a two-way non-disclosure statement. Every startup has a core competency which should not be shared. Expand core competency and solidify strengths.
Duct Tape Marketing
MAY 2, 2017
One of the most overlooked sources of leads for any business is the pool of non-competing businesses that serve the same target market. The Biggest Marketing Challenges for Small Businesses written by John Jantsch read more at Duct Tape Marketing.
Startup Professionals Musings
AUGUST 7, 2013
Then they realize that they have talked to many people without signing non-disclosure statements, precluding a patent, or someone else has now beat them to the filing docket. Founders ignore non-compete clauses from former employers.
Startup Professionals Musings
MAY 2, 2011
Then they realize that they have talked to many people without signing non-disclosure statements, precluding a patent, or someone else has now beat them to the filing docket. Founders ignore non-compete clauses from former employers.
Startup Professionals Musings
JUNE 21, 2012
Entrepreneurs often get the advice from their lawyers and friends to always get a Non-Disclosure Agreements (NDA or CDA) signed before disclosing anything about their new venture. I recommend a mutual non-disclosure, with a non-compete clause, for protection in both directions.
Up and Running
JUNE 16, 2015
Create strategic partnerships with non-competing businesses in your area. Billboards: definitely offline. Most of us believe that these days, digital marketing is the only way to get results.
Small Business Force
SEPTEMBER 22, 2013
And, because you were just starting out and the thought of a non-compete agreement was probably not even on your radar. It happens every day.
YoungUpstarts
FEBRUARY 24, 2016
It covers all employers, whether unionized or not, that meet a certain threshold of interstate commerce activity, and provides even non-union employees rights to certain “concerted, protected activities.” Image credit: Contract from Shutterstock.
Startup Professionals Musings
AUGUST 10, 2016
Always start with a formal proposal, limited in scope to a specific common objective or technology, for a limited amount of time, bounded by a two-way non-disclosure statement. Every startup has a core competency which should not be shared. Expand core competency and solidify strengths.
YoungUpstarts
APRIL 11, 2017
Non-Disclosure Agreements – A non-disclosure agreement helps to protect your idea by committing all the parties you are working with to confidentiality. Have they supported any competing businesses in the past? by Lewis Robinson.
Startup Professionals Musings
OCTOBER 8, 2013
Use external sourcing to fill in the non-critical gaps. Don’t use alliances for core competencies. Rather than push non-compete agreements on your superstars, it’s more productive to create incentive systems and creative ways for them to work more independently, just for you.
Inc Startups
APRIL 11, 2014
Goodbye, Non-competes? Massachusetts Governor Deval Patrick proposed legislation to eliminate non-compete agreements in his state. A roundup of the day''s news curated by the Inc. editorial team to help you and your business succeed.
Gust
SEPTEMBER 2, 2012
Watch out for non-compete clauses, and conflicts of interest with the current employer. Sergey Bin and Larry Page image via Wikipedia for Google.
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