[QuadList] Non Compete clauses (was Changes in Post over theyears)

Don Norwood dwnorwood at embarqmail.com
Sat Jan 30 19:48:01 CST 2010


Hi Ted:

Yes....but as someone else said, attorneys will tell you that the courts will often not uphold them.  I have been on both sides of contracts with those provisions.  There are a number of factors that impact the enforceability, but the more general the provisions, the less clout the contract carries.  If it involves a proprietary process, you have some basis.  But if it is simply doing a commonly performed task (editing for example), you are not in a strong position.

Don
  ----- Original Message ----- 
  From: Ted Langdell 
  To: Quad List 
  Sent: Saturday, January 30, 2010 8:09 PM
  Subject: Re: [QuadList] Non Compete clauses (was Changes in Post over theyears)


  "Non-Compete" clauses are pretty common in contracts. They provide for a period of time in which the employee or the seller can't compete in the same market or work for another network.


  The Conan O'Brien settlement with NBC may have such a clause. Major radio station "talent" contracts often contain these clauses, and have kept well known teams off the air for a while.


  Broadcast stations, post facilities, are often sold with "non-competes."


  Ted
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