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Colorado Non-Competition Agreement And Trade Secret
An employer's agreement to continue the employment relationship will also suffice, as established by the Colorado Supreme Court's decision in Lucht's Concrete Pumping, Inc. v. Horner. See Lucht's-Concrete-Plumbing-Decision Uniform Trade Secret Protection Act. Colorado has adopted the Uniform Trade Secret Practices Act, which prohibits
Legal Developments In Non-Competition Agreements: March 2010
Mar 26, 2010 · I wrote last year about an Oregon case where the defendant not only prevailed but also obtained a finding that the trade secrets case brought against him was conducted in "bad faith", the fee-shifting standard generally found in the Uniform Trade Secrets Act. Nearly a year later, the defendant finally obtained the amount of his fee award: $129,432.15.
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Continued Employment is Adequate Consideration for Non
Nov 17, 2011 · The Colorado Supreme Court has held that continued employment of an at-will employee is adequate consideration for a non-compete agreement. Lucht's Concrete Pumping, Inc. v. Horner (Colo. 2011). To protect their interests, employers may ask employees to sign non-compete agreements. In these agreements, employees agree not to work in their chosen field for a period Read more »
Lucht's Concrete Pumping, Inc. v. Horner | Case Brief for
Citation255 P.3d 1058 (Colo. 2011) Brief Fact Summary. Lucht's Concrete Pumping, Inc. sued Horner for violating a non-compete agreement entered into by Horner when she was an employee of the company. Synopsis of Rule of Law. Continuing an at-will employment relationship constitutes sufficient consideration to support a contract. Facts. Horner was hired as an at-will […]
of trade secrets, do we need to con-tract with employees or in most cases employee mobility—have more dynam - ic growth in patents, entrepreneurship and market growth.8 See Lucht's Concrete Pumping v. Horner, 255 P.3d 1058 (Colo. 2011) ; Zell-ner v.
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LUCHT'S CONCRETE PUMPING, INC. v. HORNER | 255 P.3d 1058
Lucht's is a Colorado corporation in the concrete pumping business with approximately seventy employees. While it is based out of Denver where it does much of its business, Lucht's began expansion into the Summit County area in 2001. To implement its expansion, Lucht's hired Horner as mountain division manager on an at-will basis beginning in 2001.
Colorado Supreme Court Holds Continued Employment Is
Jun 15, 2011 · On May 31, 2011, the Colorado Supreme Court held that continued employment is sufficient consideration to support a noncompetition agreement in Lucht's Concrete Pumping, Inc. v. Horner, No. 09SC627, 2011 Colo. LEXIS 436 (May 31, 2011).An en banc panel of the Colorado Supreme Court reversed a decision of the Colorado Court of Appeals, which reasoned that continued …
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Recent Changes in Noncompete Law Around the Country – Fair
Aug 12, 2011 · However, the Colorado Supreme Court changed all of that in its May 2011 decision, Lucht's Concrete Pumping, Inc. v. Horner. Additional consideration is no longer necessary, as long as the company neither intends to immediately fire the employee after obtaining the agreement nor in fact fires the employee shortly after obtaining the agreement.
Colorado Finds Continued Employment Is Not Sufficient
Mar 26, 2010 · Colorado Finds Continued Employment Is Not Sufficient Consideration for Afterthought Non-Compete (Lucht's Concrete Pumping v. Horner) Colorado has joined the list of states to hold that an existing employee's continued employment does not constitute valid consideration for signing a non-compete agreement.