Employment Contracts, Partnerships & Non-Compete Agreements

Outten & Golden attorneys understand the legal, business, and professional implications of entering and exiting employment and partnership agreements of all kinds. We have considerable experience negotiating contracts and agreements for our clients in a variety of employment and partnership contexts, and represent them when a party of a contract breaches, threatens to breach, or is accused of breaching an agreement. 

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News

An Epic Year? High Court's Class Waiver Ruling Turns 1

Law360 - Braden Campbell

The U.S. Supreme Court's decision to bless class action waivers in Epic Systems Corp. v. Lewis was seen as a clear-cut win for employers, but on its first birthday, practitioners say the decision's impact has been muted as businesses weigh the potential costs of arbitration and growing public backlash against denying workers a day in court.  

The high court's May 21, 2018, decision held that making workers sign arbitration agreements waiving their rights to pursue class actions does not violate the National Labor Relations Act, cementing employers' ability to funnel wage-and-hour and...

Winston & Strawn Loss May Squeeze Atty Arbitration Pacts

Law—Andrew Strickler

A California appeals court decision sinking Winston & Strawn LLP's arbitration agreement with a former attorney suing the firm for discrimination will encourage "for hire" lawyers and others outside firms' power structures to fight contracts that seek to block legal disputes from reaching the courtroom, experts say.

The First Appellate District holding in favor of former Winston patent lawyer Constance Ramos, who opposed having her gender bias case transferred to an arbiter, should also encourage law firms to rein in overly aggressive arbitration provisions, both for legal and business...

Bipartisan Senate bill aims to stop accused harassers from using NDAs to silence victims

Salon.com—Amanda Marcotte

Outten & Golden LLP partner Juno Turner is quoted in this article about a new bill, proposed by two female senators of different parties, Kamala Harris, D-Calif., and Lisa Murkowski, R-Alaska, called the EMPOWER Act (Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting), that would seriously curtail the ability of sexual harassers to use NDAs to shield themselves from consequences.

Publications & Articles

Employment Agreement And Cross Border Employment—Confidentiality, Trade Secret, And Other Restrictive Covenants In A Global Economy

Outten & Golden partner Wendi S. Lazar's article canvasses the differences between the U.S. and foreign countries in defining and enforcing some of the common restrictive covenants and privacy clauses in employment agreements for expatriate executives and professionals. The article contrasts post-employment duties of confidentiality and non-competition in the U.S., where the duties arise under common law, to foreign jurisdictions, where such duties must be created by contract and even then may be struck down as contrary to public policy. The article includes a treatment of the mechanisms available for enforcement of restrictive covenants. In Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I, ABA Section of Labor and Employment Law, published by BNA Books 2010 — Wendi Lazar and Gary R. Siniscalco, Editors-in-Chief.

Negotiating and Drafting Expatriate Employment Agreements

in International Labor & Employment Laws, Third Edition, Vol. 1B, ABA Section of Labor and Employment Law, published by BNA Books (2009) — Wendi S. Lazar and Gary R. Siniscalco