Va. High Court Breathes Life Into Noncompete Clauses

Law360, New York (October 29, 2013, 12:02 PM EDT) -- For years, employment lawyers in Virginia suffered through the reality that it was almost impossible to have a noncompete agreement enforced in Virginia. Judges routinely dismissed complaints trying to enforce noncompete clauses without any discovery at the motion to dismiss stage (in Virginia, called a demurrer).

In Assurance Data Inc. v. Malyevac, No. 121989 (VA 9/12/13), the Supreme Court of Virginia dramatically changed that state of affairs. The Supreme Court ruled that employers must generally be allowed a trial to present evidence to demonstrate that the...
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