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Non-Compete Agreements: Will Arkansas Courts "Blue Pencil" an Unreasonable Non-Compete Agreement?
Category: Employment, Litigation
In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement altogether the Court will instead modify it to narrow it down to make it…
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Non-Compete Agreements: Must an Employer Pay an Employee for a Non-Compete to Be Enforceable?
Category: Employment, Litigation
Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient consideration. Ark. Code Ann. § 4-75-101 (g). For non-competes signed on or before…
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Licenses and the Law Series, Part VIII: The Hearing - Part II
Category: Administrative Law, Health Care, Litigation
In our last article, we explained the first part of the hearing: the case against you. Now, we discuss the second part of the hearing: your defense. After the Attorney General presents his case, you have the opportunity to present yours, which should outline your defense to the allegations pending…
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Non-Compete Agreements: Does it Matter Whether the Employer or the Employee Terminates the Relationship?
Category: Employment, Litigation
Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For non-competes signed after July 21…
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Non-Compete Agreements: What is a Reasonable Geographic Area of Coverage for a Restriction?
Category: Employment, Litigation
What is a reasonable geographic area of coverage for a non-compete agreement restriction? It depends. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For…
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The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.