EDITOR’S DESK

EDITOR’S DESK

When non-compete agreements are litigated employers enter the courtroom with a distinct handicap, writes Robert W. Horton in this issue of Today’s General Counsel. By nature, non-competes restrict an individual’s right to work and make a living, which makes judges and legislatures uncomfortable. But employers can cite situations in which they’d be at a big competitive disadvantage without such an agreement. The tug of war this creates results in widely varying state statutes. Horton suggests how legal departments might approach designing valid non-competes that work in the states where they are likely to need them. On a related issue, Today’s General Counsel columnist Jefferey Cross writes about recent litigation concerning the antitrust implications of no-poaching agreements between employers.

Also included in this issue: Joshua I. Rothman, Ralph A. Dengler and Robert S. Pickens of Venable LLP examine the way legal departments are handling remote work. The general counsel their firm surveyed discuss how their departments deal with matters like hybrid scheduling, and building personal connections between attorneys who work separately. Laura Stutz of Wilson Elser has some timely advice about holiday office parties in her article, and Tripp Hemphill of DISCO outlines a strategy for creating what is defined as a Center of Excellence in your legal department.

Bob Nienhouse, Editor-In-Chief bnienhouse@TodaysGC.com