Law Offices of Robert J. Ross

Agreements between employers and their employees prohibiting or restricting competition by a departing employee are nothing new, but their use is growing-and not just for the highest levels of management. This trend makes it all the more important to understand the limits that courts have placed on such agreements, with a view toward balancing employers’ interests with policies favoring competition and unfettered opportunities for individuals to pursue their livelihoods. ‘While courts have sometimes struck down noncompete agreements in their entirety, occasionally they effectively have rewritten parts of an agreement, a practice known as “blue penciling,” so as to fix offending parts while retaining acceptable provisions.

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“Employers and Job References” informs readers about increasing litigation over job references (both negative and positive).

“No-Show Mover Must Make Mortgage Payments” reviews recent decisions by courts regarding the application of the Carmack Amendment to the failure of a moving company to pick up belongings and damages caused.

“Economic Loss Rule Bars Misrepresentation Claim” describes application of the Economic Loss Rule to damage caused by misrepresenting the condition of the property.

“Religous Icon Removed from Condo” reviews the application of the Fair Housing Act to a condominium association rule regarding a religious symbol placed outside a doorway.

“Estate Planning: A Gift of Debt” may be an article of particular interest to clients in discussing the importance of clearly specifying in a person’s will or trust their intention for payment of debts linked to property.

“Website Terms of Use” sets forth considerations when drafting and reviewing website terms.

“Harassment Policy Violates Free Speech” which reviews a recent federal appeals court decision regarding a university’s sexual harassment policy.

“Employer Forced to Pay Unapproved Overtime” reviews a recent case in which the court explained what efforts employers must take to avoid being required to pay employees for unauthorized overtime work.
“Like-Kind Exchanges” tax law related to real property “like-kind” exchanges.
“Protection for Parodies” discussed distinctions between parodies, trademark infringement and trademark dilution.
“Lawyer’s Approval for Acceptance of Offer” reviews the notion of “conditional acceptance” in response to contractual offers.
“Home Improvement Scams” and recommendations for avoiding them.

“Checklist of Procedures to be Followed by Corporate Officers” provides important guidance for persons acting on behalf of corporations (and other limited liability entities).

“The Power of a Power of Attorney” discusses risks associated with important powers of attorney documents.

“Is it “Work to Dress for Work?” discusses the definition of “work” under the Federal Labor Standards Act.
“Intrafamily Loans Subject to Tax Laws” discusses tax liability in connection with personal loans.

“Baseball Strikes out on Stats” discusses the use of baseball players’ names and statistics in on-line fantasy leagues.
“Real Estate Roundup” reviews recent real estate legal developments in the areas of home sale fraud and rights of tenants to condemnation awards.

“Computer Fraud and Abuse Act Update” discusses how companies can protect themselves under the civil provisions of the Computer Fraud and Abuse Act.
“IRS Gets Tough on Deferred Compensation” discusses developments in IRS treatment of deferred compensation.
“Excluded Heirs May Still Inherit“emphasizes the importance of updating estate plans to ensure desired inclusion—and exclusion—of beneficiaries.
“‘Arm’ Borrowers Beware!” describes adjustable rate mortgage pitfalls.
“Can You Trademark a Flavor?“provides an analysis of intellectual property rights related to product flavoring.
“Hours of Service” Under The FMLA” discusses the interpretation of “hours of service” under the Family Medical Leave Act.