Colorado Non-Compete Law Blog

Colorado Non-Compete Law Blog

Insight and commentary on Covenants Not to Compete (Including Unfair Competition, Trade Secrets & Nondisclosure Agreements)

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Employers take note; courts will favor employees when they interpret noncompetes

Posted in contract interpretation

Noncompetes are contracts, and any analysis of a noncompete starts with the language in the noncompete. Once a dispute arises, companies often learn that the language in their noncompete agreements fails to impose the obligations that they had intended. If a company then tries to enforce the agreement that it intended, rather than the agreement… Continue Reading

Void means void; the validity of a non-compete is determined at the time of execution

Posted in Duration of non-compete

In many non-compete cases, an issue arises about when the validity of a non-compete should be determined. Under Colorado’s non-compete statute, a non-compete won’t be enforce unless it falls within one of the four exceptions set forth in the statute. One  of those exceptions is for ‘executive and management personnel".  Many employees sign non-competes, however, when they are… Continue Reading

Non-Compete Litigation Continues to Increase

Posted in Increase in litigation

Strong evidence suggests that litigation over non-competes, or covenants not to compete, has surged in the last several years. Most recently PC World in its June 20 issue lamented that the aggressive enforcement of non-competes had stifled tech start up development in states like Massachusetts. Non-compete Pacts Called Bad for Tech Innovation  In an effort to… Continue Reading