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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6 Executive Compensation Trends for 2023

Apprehension about inflation and a potential recession, changing priorities for C-suite executives, and increased government and public scrutiny are three factors influencing executive compensation in 2023. While the future is always unwritten, and unexpected events (like a global pandemic) can lead to dramatic shifts in the compensation landscape, here are six trends likely to impact how high-level executives are paid in the year ahead.

  1. Increases in Base Compensation

Given the economy’s volatility, executives are warier of high-risk/high-reward...

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.

Winston & Strawn Loss May Squeeze Atty Arbitration Pacts

Law360 — 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.

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

The Financial Rights Of A Departing Law Partner

What are the departing partner’s financial entitlements with respect to firm assets? We turn to that question in this article. Employment attorney Wayne N. Outten and Sean Farhang.

This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, December 2000 and January 2001. For more information, visit www.ljnonline.com.

We recently contributed an article to this newsletter that addressed when and how a law firm can expel a partner. Whether a partner is expelled or (as more commonly happens) withdraws from the partnership more-or-less voluntarily, the question arises, what are the departing partner’s financial entitlements with respect to firm assets? We turn to that question in this article.