Restraints of trade are not something normally seen in state law, but there are many tort and contract issues that fall under the rubric of restraint of trade. The question of poaching employees, is one that has become a big item in connection with contracts between commercial entities. In this case, PLS and Beemac entered into a one-year agreement which contained a non-solicitation provision and a no-hire provision. Whether the no-hire provisions are violative of public policy is the question being addressed by courts throughout the country.
Philip A. Greenberg, Esq., who has been a litigator in the State and Federal Courts for 52 years, ha...
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