Licenses and the Law Series, Part IX: The Appeal
June 28, 2022
by Stuart P. Miller
In addition, this article was co-authored by former Attorneys Lindsey Vechik and Peyton Hildebrand. In our last article, we explained the second part of the hearing: your defense. Now, we discuss the appeals process. Unfortunately, licensing boards do not always rule in your favor. However, you can…
Non-Compete Agreements: Will Arkansas Courts "Blue Pencil" an Unreasonable Non-Compete Agreement?
In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement altogether the Court will instead modify it to narrow it down to make it…
Non-Compete Agreements: Must an Employer Pay an Employee for a Non-Compete to Be Enforceable?
Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient consideration. Ark. Code Ann. § 4-75-101 (g). For non-competes signed on or before…
Licenses and the Law Series, Part VIII: The Hearing - Part II
June 14, 2022
by Stuart P. Miller
In addition, this article was co-authored by former Attorneys Lindsey Vechik and Peyton Hildebrand. In our last article, we explained the first part of the hearing: the case against you. Now, we discuss the second part of the hearing: your defense. After the Attorney General presents his case, you…
Non-Compete Agreements: Does it Matter Whether the Employer or the Employee Terminates the Relationship?
Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For non-competes signed after July 21…