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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Leveling the playing field; tortious interference claims against a former employer

Posted in Tortious Interference, Uncategorized

A recent decision in Denver District Court, Business Network Consulting v. Perkins, demonstrates the risks taken by aggressive employers when they seek to impose restrictions on a former employee that aren’t set forth in any written agreement. BNC, a computer consulting company, sprung into action when it learned that one of its customers had offered… Continue Reading

Colorado’s Annual Statistical Report

Posted in Increase in litigation

Mark Twain may have been right when he said that there were three kinds of lies: lies, damned lies and statistics. Nonetheless, it’s helpful to consider the statistics from the Annual Statistical Report on Colorado court filings when considering how a court approaches a noncompete or trade secret case.  According to the 2013 annual statistical… Continue Reading

A “Referral Source List” as Trade Secret

Posted in Trade Secrets

In a noteworthy, but dated, decision from July 2013, Judge Daniel on the federal district court bench ruled that an employer had failed to prove that a "referral source list" was a trade secret. Accordingly, in Continental Credit Corp v. Dragovich, Judge Daniel held that the employee’s noncompete was not enforceable and denied employer’s motion… Continue Reading

The Importance of Venue Selection and Choice of Law Provisions

Posted in Choice of Law, Forum selection

A recent case, H&R Block v. Taxes Latino Americanos LLC, demonstrates the importance of venue selection and choice of law provisions.  Taxes Latino was a Colorado company that offered tax preparation services at five locations in Colorado, including an office on East Colfax in Aurora. In 2012, Taxes Latino sold the business to H&R Block. Pursuant… Continue Reading

New Forum Selection Ruling from the Supreme Court

Posted in Forum selection

Location, location and location. That’s true with noncompete cases just as it is with real estate.  Employees typically want to stay in Colorado. They want a Colorado court to apply Colorado law to their noncompete. Employees want to avoid the stress and expense of hiring counsel in another state. Employees hope to have the court apply Colorado law… Continue Reading