June 01, 2017This article looks into the Edac Inc. v. Tullo case to determine whether the improper disclosure of confidential information always results in damages.
October 26, 2016Discussion: In the sale of a business, the agreement of the vendor not to compete may be part of the consideration by agreeing to acquire the business.
August 18, 2016This article discusses the implications of fiduciary duty post-termination. Referencing the Ontario Court of Appeal decision in the case of GasTOPS Ltd. v. Forsyth Reservoir Group Partnership v. 1304613 Ontario Ltd.
July 27, 2016In an interesting case for parties seeking to impose a geographic boundary on competitive operations, an Ontario Court has held that a franchisor was not entitled to enforce a restrictive covenant because it did not have a legitimate interest to protect within the geographic area prescribed in the covenant.
February 01, 2016This article discusses what is needed for a non-competition clause to be enforceable, specifically if 5 years is too long for a non-compete to be enforceable.
July 26, 2015Links from this article:Read the article here.Are you a consultant with a full time client and a related sideline where you enjoy trying ou...
November 23, 2014This article posted on our partner site Mondaq.com discusses the use of a shareholders' agreement to confront the challenges that arise when building a successful company.
September 09, 2014This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering to enter a joint venture agreement viz. non-competition, confidentiality, liquidation clauses and defining the scope of the business opportunities.
August 25, 2013This article posted on our partner site Mondaq.com discusses whether a non-competition clause in a joint venture agreement is permissible under China's 2008 Anti-Monopoly Law.
August 19, 2013This article posted on our partner site Mondaq.com advises businesses on how they can insulate themselves from competitors (or opportunistic joint venture partners) seeking to poach employees or solicit clients.
June 21, 2013This article posted on our partner site Mondaq.com explains that an independent contractor cannot be asked to agree to a non-competition clause.
June 21, 2013This article posted on our partner site Mondaq.com states that independent contractors can sign confidentiality agreements, but employers who wish to maintain the independent contractor status (e.g., to avoid compliance with employee protection laws) cannot require them to sign non-compete agreements.
June 21, 2013This article posted on our partner site Mondaq outlines that if an employer attempts to hire someone as an independent contractor instead of an employee for benefits such as Obama care and minimum wages, they should not include a non-competition clause.