May 30, 2014 | The Legal Intelligencer
When Employee's 'Intent' to Be Legally Bound Is Not EnoughIn Socko v. Mid-Atlantic Systems of CPA, No. 1223 (Pa. Super. Ct. May 13, 2014), the Pennsylvania Superior Court reconfirmed Pennsylvania's laws regarding consideration for restrictive covenants, and refused to allow a technicality to cure an otherwise defective restrictive covenant. The court rejected the employer's argument that the use of the phrase "intending to be legally bound" in a restrictive covenant supplied adequate consideration for enforcement of a covenant executed after the taking of employment. In doing so, the court relied on the historical treatment of restrictive covenants by Pennsylvania courts, confirming that such agreements are disfavored.
By Patricia Collins
6 minute read
December 11, 2013 | The Legal Intelligencer
Plan B: Litigating Nonsolicitation ProvisionsIncreasingly, employers and their attorneys meet resistance when seeking to enforce covenants not to compete.
By Patricia Collins
5 minute read
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