Employment Contracts, Partnerships & Non-Compete Agreements

Employment Agreements & Executive Agreements

Outten & Golden attorneys work tirelessly for our clients to ensure that they are protected from obligations that are unfair and unreasonable; that their executive compensation packages are sound and well structured; and that their positions are appropriate for them and the type of organization they are joining.

Our lawyers are highly skilled at negotiating the terms of employment and executive agreements, including non-compete and non-solicit provisions. We are aggressive about protecting our clients from entering into agreements that are unfair or that could later prevent them from working in their chosen profession. We counsel clients not to sign any agreements without speaking to an attorney first because these provisions can be overbroad and unreasonable. We negotiate executive agreements, change in control agreements, and all other types of employment agreements across all industries — as well as around the world, when we negotiate expatriate agreements.

An employment agreement or executive agreement is a legal document generally entered into before the start of the employment relationship between an executive and an employer that sets forth the material terms of the relationship. It can include the duration of employment, the compensation, benefits, and equity arrangements, and the duties and responsibilities of the executive and employer.  It can also include obligations of the executive such as non-competition, non-solicitation, confidentiality, and preserving trade secrets. Employment agreements may also establish the venue and choice of law when a dispute arises as well as a mechanism for dispute resolution.

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Publications & Articles

Clients: To Whom Do They Belong?

Employment attorney, Wayne N. Outten, with Douglas C. James, discusses the ethical obligations of law firms and departing partners and how they must handle this situation in a way that is consistent with the principle of client choice. This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, September 2004. For more information, visit www.ljnonline.com.

The answer is, nobody.

When a partner leaves a law firm, the parties have to allocate various partnership rights, assets, and other interests. They may allocate most of these interests in any way that they choose. They may not, however, allocate clients, perhaps the most valuable of partnership “assets.” The client alone decides whether to remain a client of the firm, to leave with the departing partner, or to choose another attorney. Law firms and departing partners have an ethical obligation to handle these situations in a way that is consistent with the principle of client choice.

Clients: To Whom Do They Belong?

Employment attorney, Wayne N. Outten, with Douglas C. James, discusses the ethical obligations of law firms and departing partners and how they must handle this situation in a way that is consistent with the principle of client choice. This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, September 2004. For more information, visit www.ljnonline.com.

The answer is, nobody.

When a partner leaves a law firm, the parties have to allocate various partnership rights, assets, and other interests. They may allocate most of these interests in any way that they choose. They may not, however, allocate clients, perhaps the most valuable of partnership “assets.” The client alone decides whether to remain a client of the firm, to leave with the departing partner, or to choose another attorney. Law firms and departing partners have an ethical obligation to handle these situations in a way that is consistent with the principle of client choice.

Determining the Financial Rights of a Departing Partner

Wayne N. Outten & Sean Farhang, Law Firm Partnership and Benefits Report, December 2000 and January 2001.